86. ENRILE VS. SANDIGANBAYAN punishable with reclusion perpetua or life imprisonment.
—All criminal cases within the
G.R. No. 213847. August 18, 2015.*
. these courts have no jurisdiction to try capital offenses, or offenses punishable
JUAN PONCE ENRILE, petitioner, vs. SANDIGANBAYAN (THIRD DIVISION), and
PEOPLE OF THE PHILIPPINES, respondents.
Constitutional Law; Criminal Procedure; Presumption of Innocence; In all criminal
prosecutions, the accused shall be presumed innocent until the contrary is proved.—
In all criminal prosecutions, the accused shall be presumed innocent until the contrary
is proved. The presumption of innocence is rooted in the guarantee of due process,
and is safeguarded by the constitutional right to be released on bail, and further binds
the court to wait until after trial to impose any punishment on the accused.
Same; Same; Bail; The purpose of bail is to guarantee the appearance of the
accused at the trial, or whenever so required by the trial court.—It is worthy to note
that bail is not granted to prevent the accused from committing additional crimes. The
purpose of bail is to guarantee the appearance of the accused at the trial, or
whenever so required by the trial court. The amount of bail should be high enough to
assure the presence of the accused when so required, but it should be no higher than
is reasonably calculated to fulfill this purpose. Thus, bail acts as a reconciling
mechanism to accommodate both the accused’s interest in his provisional liberty
before or during the trial, and the society’s interest in assuring the accused’s
presence at trial.
Same; Same; Same; The general rule is that any person, before being convicted
of any criminal offense, shall be bailable, unless he is charged with a capital offense,
or with an offense punishable with reclusion perpetua or life imprisonment, and the
evidence of his guilt is strong.—A capital offense in the context of the rule refers to an
offense that, under the law existing at the time of its commission and the application
for admission to bail, may be punished with death. The general rule is, therefore, that
any person, before being convicted of any criminal offense, shall be bailable, unless
he is charged
_______________
*  EN BANC.
 
 
283
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Enrile vs. Sandiganbayan (Third Division)
with a capital offense, or with an offense punishable with reclusion perpetua or
life imprisonment, and the evidence of his guilt is strong. Hence, from the moment he
is placed under arrest, or is detained or restrained by the officers of the law, he can
claim the guarantee of his provisional liberty under the Bill of Rights, and he retains
his right to bail unless he is charged with a capital offense, or with an offense
punishable with reclusion perpetua or life imprisonment, and the evidence of his guilt
is strong. Once it has been established that the evidence of guilt is strong, no right to
bail shall be recognized.
Same; Same; Same; All criminal cases within the competence of the
Metropolitan Trial Court (MeTC), Municipal Trial Court (MTC), Municipal Trial Court in
Cities (MTCC), or Municipal Circuit Trial Court (MCTC) are bailable as matter of right
because these courts have no jurisdiction to try capital offenses, or offenses
competence of the Metropolitan Trial Court, Municipal Trial Court, Municipal Trial
Court in Cities, or Municipal Circuit Trial Court are bailable as matter of right because
with reclusion perpetua or life imprisonment. Likewise, bail is a matter of right prior to
conviction by the Regional Trial Court (RTC) for any offense not punishable by
death, reclusion perpetua, or life imprisonment, or even prior to conviction for an
offense punishable by death, reclusion perpetua, or life imprisonment when evidence
of guilt is not strong.
Same; Same; Same; The granting of bail is discretionary: (1) upon conviction
by the Regional Trial Court (RTC) of an offense not punishable by death, reclusion
perpetua or life imprisonment;  or (2) if the RTC has imposed a penalty of
imprisonment exceeding six (6) years, provided none of the circumstances
enumerated under paragraph 3 of Section 5, Rule 114 is present.—The granting of
bail is discretionary: (1) upon conviction by the RTC of an offense not punishable by
death, reclusion perpetua or life imprisonment; or (2) if the RTC has imposed a
penalty of imprisonment exceeding six years, provided none of the circumstances
enumerated under paragraph 3 of Section 5, Rule 114 is present, as follows: (a) That
he is a recidivist, quasi-recidivist, or habitual delinquent, or has committed the crime
aggravated by the circumstance of reiteration; (b) That he has previously escaped
from legal confinement, evaded sentence, or vio-
 
 
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Enrile vs. Sandiganbayan (Third Division)
lated the conditions of his bail without valid justification; (c) That he committed
the offense while under probation, parole, or conditional pardon; (d) That the
circumstances of his case indicate the probability of flight if released on bail; or (e)
That there is undue risk that he may commit another crime during the pendency of the
appeal.
Same; Same; Same; For purposes of admission to bail, the determination of
whether or not evidence of guilt is strong in criminal cases involving capital offenses,
or offenses punishable with reclusion perpetua or life imprisonment lies within the
discretion of the trial court.—For purposes of admission to bail, the determination of
whether or not evidence of guilt is strong in criminal cases involving capital offenses,
or offenses punishable with reclusion perpetua or life imprisonment lies within the
discretion of the trial court. But, as the Court has held in Concerned Citizens v. Elma,
241 SCRA 84 (1995), “such discretion may be exercised only after the hearing called
to ascertain the degree of guilt of the accused for the purpose of whether or not he
should be granted provisional liberty.” It is axiomatic, therefore, that bail cannot be
allowed when its grant is a matter of discretion on the part of the trial court unless
there has been a hearing with notice to the Prosecution.
Same; Same; Same; In resolving bail applications of the accused who is
charged with a capital offense, or an offense punishable by reclusion perpetua or life
imprisonment, the trial judge is expected to comply with the guidelines outlined in
Cortes v. Catral, 279 SCRA 1 (1997).—In resolving bail applications of the accused
who is charged with a capital offense, or an offense punishable by reclusion
perpetua or life imprisonment, the trial judge is expected to comply with the
Page 1 of 23
guidelines outlined in Cortes v. Catral, 279 SCRA 1 (1997), to wit: 1. In all cases,
whether bail is a matter of right or of discretion, notify the prosecutor of the hearing of
the application for bail or require him to submit his recommendation (Section 18, Rule
114 of the Rules of Court, as amended); 2. Where bail is a matter of discretion,
conduct a hearing of the application for bail regardless of whether or not the
prosecution refuses to present evidence to show that the guilt of the accused is
strong for the purpose of enabling the court to exercise its sound discretion; (Section
7 and 8, supra) 3. Decide whether the guilt of the accused is strong based on the
summary of evidence of the prosecution; 4. If the guilt of the accused is not
 
 
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Enrile vs. Sandiganbayan (Third Division)
strong, discharge the accused upon the approval of the bailbond. (Section
19, supra) Otherwise petition should be denied.
Same; Same; Same; This national commitment to uphold the fundamental
human rights as well as value the worth and dignity of every person has authorized
the grant of bail not only to those charged in criminal proceedings but also to
extraditees upon a clear and convincing showing: (1) that the detainee will not be a
flight risk or a danger to the community; and (2) that there exist special, humanitarian
and compelling circumstances.—This national commitment to uphold the fundamental
human rights as well as value the worth and dignity of every person has authorized
the grant of bail not only to those charged in criminal proceedings but also to
extraditees upon a clear and convincing showing: (1) that the detainee will not be a
flight risk or a danger to the community; and (2) that there exist special, humanitarian
and compelling circumstances. In our view, his social and political standing and his
having immediately surrendered to the authorities upon his being charged in court
indicate that the risk of his flight or escape from this jurisdiction is highly unlikely. His
personal disposition from the onset of his indictment for plunder, formal or otherwise,
has demonstrated his utter respect for the legal processes of this country. We also do
not ignore that at an earlier time many years ago when he had been charged with
rebellion with murder and multiple frustrated murder, he already evinced a similar
personal disposition of respect for the legal processes, and was granted bail during
the pendency of his trial because he was not seen as a flight risk. With his solid
reputation in both his public and his private lives, his long years of public service, and
history’s judgment of him being at stake, he should be granted bail. The currently
fragile state of Enrile’s health presents another compelling justification for his
admission to bail, but which the Sandiganbayan did not recognize.
Same; Same; Same; Bail for the provisional liberty of the accused, regardless
of the crime charged, should be allowed independently of the merits of the charge,
provided his continued incarceration is clearly shown to be injurious to his health or to
endanger his life.—Bail for the provisional liberty of the accused, regardless of the
crime charged, should be allowed independently of the merits of the charge, provided
his continued incarceration is clearly shown to be injurious to his health or to
endanger his life. Indeed, denying him bail despite
 
 
286
286 SUPREME COURT REPORTS ANNOTATED
Enrile vs. Sandiganbayan (Third Division)
imperiling his health and life would not serve the true objective of preventive
incarceration during the trial.
 
LEONEN, J., Dissenting Opinion:
 
Constitutional Law; Criminal Procedure; Bail; View that bail is not a matter of
right in cases where the crime charged is plunder and the imposable penalty
is  reclusion perpetua.—This Petition for Certiorari should not be granted. The action
of the Sandiganbayan in denying the Motion to Fix Bail was proper. Bail is not a
matter of right in cases where the crime charged is plunder and the imposable penalty
is reclusion perpetua. Neither was there grave abuse of discretion by
the Sandiganbayan when it failed to release accused on bail for medical or
humanitarian reasons. His release for medical and humanitarian reasons was not the
basis for his prayer in his Motion to Fix Bail filed before the Sandiganbayan. Neither
did he base his prayer for the grant of bail in this Petition on his medical condition.
Same; Same; Same; View that the grant of bail, therefore, by the majority is a
special accommodation for petitioner. It is based on a ground never raised before  the
Sandiganbayan or in the pleadings filed before the Supreme Court (SC).—The grant
of bail, therefore, by the majority is a special accommodation for petitioner. It is based
on a ground never raised before the Sandiganbayan or in the pleadings filed before
this court. The Sandiganbayan should not be faulted for not shedding their neutrality
and impartiality. It is not the duty of an impartial court to find what it deems a better
argument for the accused at the expense of the prosecution and the people they
represent.
Same; Same; Same; View that bail for humanitarian considerations is neither
presently provided in our Rules of Court nor found in any statute or provision of the
Constitution.—The majority’s opinion — other than the invocation of a general human
rights principle — does not provide clear legal basis for the grant of bail on
humanitarian grounds. Bail for humanitarian considerations is neither presently
provided in our Rules of Court nor found in any statute or provision of the
Constitution. This case leaves this court open to a justifiable criticism of granting a
privilege ad hoc: only for one person — petitioner in this case.
 
 
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Same; Same; Same; View that the mandatory bail hearing is only to determine
the amount of bail when it is a matter of right. On the other hand, mandatory bail
hearings are held when an accused is charged with a crime punishable by reclusion
perpetua or life imprisonment, not only to fix the amount of bail but fundamentally to
determine whether the evidence of guilt is strong.—The mandatory bail hearing is
only to determine the amount of bail when it is a matter of right. On the other hand,
mandatory bail hearings are held when an accused is charged with a crime
punishable by reclusion perpetua or life imprisonment, not only to fix the amount of
bail but fundamentally to determine whether the evidence of guilt is strong.
Page 2 of 23
 Same; Same; Same; View that petitioner did not ask that bail be granted
because of his medical condition or for humanitarian reasons; Yet, it now becomes
the very basis for petitioner’s grant of bail.—The Sandiganbayan did not commit
grave abuse of discretion when it failed to release petitioner on bail for medical or
humanitarian reasons. Petitioner did not ask that bail be granted because of his
medical condition or for humanitarian reasons. Neither petitioner nor the prosecution
as respondent developed their arguments on this point at the Sandiganbayan or in
this court to establish the legal and factual basis for this special kind of bail in this
case. Yet, it now becomes the very basis for petitioner’s grant of bail.
Remedial Law; Criminal Procedure; Judgments; Dissenting Opinions; The
Internal Rules of the Supreme Court (SC) allows one (1) week for the submission of a
dissenting opinion.—The Internal Rules of the Supreme Court allows one week for
the submission of a dissenting opinion. Thus, in Rule 13, Section 7 of A.M. No. 10-4-
20-SC: SEC. 7. Dissenting, separate or concurring opinion.—A Member who
disagrees with the majority opinion, its conclusions, and the disposition of the case
may submit to the Chief Justice or Division Chairperson a dissenting opinion, setting
forth the reason or reasons for such dissent. A Member who agrees with the result of
the case, but based on different reason or reasons may submit a separate opinion; a
concurrence “in the result” should state the reason for the qualified concurrence. A
Member who agrees with the main opinion, but opts to express other reasons for
concurrence may submit a concurring opinion. The dissenting, separate, or
concurring opinion must be submitted within one week from the date the writer of the
majority opinion presents the decision for the signature of the Members. (Em-
 
 
288
288 SUPREME COURT REPORTS ANNOTATED
Enrile vs. Sandiganbayan (Third Division)
phasis supplied) But this member endeavored to complete his draft
incorporating the ideas and suggestions of other dissenting justices within two days
from the circulation of the majority opinion.
Constitutional Law; Criminal Procedure; Bail; View that nowhere in the rules of
procedure do we allow the grant of bail based on judicial notice of a doctor’s
certification.—In essence, the majority now insists on granting bail merely on the
basis of the certification in a Manifestation and Compliance dated August 14, 2014 by
Dr. Jose C. Gonzales (Dr. Gonzales) stating that petitioner is suffering from numerous
debilitating conditions. This certification was submitted as an annex to a Manifestation
before this court regarding the remoteness of the possibility of flight of the accused
not for the purposes of asking for bail due to such ailments. Nowhere in the rules of
procedure do we allow the grant of bail based on judicial notice of a doctor’s
certification. In doing so, we effectively suspend our rules on evidence by doing away
with cross-examination and authentication of Dr. Gonzales’ findings on petitioner’s
health in a hearing whose main purpose is to determine whether no kind of alternative
detention is possible.
Same; Same; Same; View that assuming that the medical ailments of petitioner
are relevant issues for bail, the prosecution is now deprived of a fair opportunity to
present any evidence that may rebut the findings of Dr. Gonzales or any other
medical documents presented by petitioner in this Court. Due process requires that
we remand this matter for a bail hearing to verify Dr. Gonzales’ findings and to ensure
that that is still the condition that prevails at present.—Petitioner’s medical ailments
are not matters that are of public knowledge or are capable of unquestionable
demonstration. His illness is not a matter of general notoriety. Assuming that the
medical ailments of petitioner are relevant issues for bail, the prosecution is now
deprived of a fair opportunity to present any evidence that may rebut the findings of
Dr. Gonzales or any other medical documents presented by petitioner in this Court.
Due process requires that we remand this matter for a bail hearing to verify Dr.
Gonzales’ findings and to ensure that that is still the condition that prevails at present.
That we make factual determinations ourselves to grant provisional liberty to one who
is obviously politically privileged without the benefit of the presentation of evidence by
both the prosecution and the accused, without the prosecution being granted the op-
 
 
289
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Enrile vs. Sandiganbayan (Third Division)
portunity to cross-examine the evidence, and without consideration of any
rebutting evidence that may have been presented should a hearing be held, casts
serious doubt on our neutrality and objectivity.
Same; Same; Same; View that the majority has not set specific bases for
finding that the medical condition of petitioner entitles him to treatment different from
all those who are now under detention and undergoing trial for plunder.—It is unclear
whether this privilege would apply to all those who have similar conditions and are
also undergoing trial for plunder. It is unclear whether petitioner’s incarceration
aggravates his medical conditions or if his medical conditions are simply conditions
which come with advanced age. The majority has not set specific bases for finding
that the medical condition of petitioner entitles him to treatment different from all those
who are now under detention and undergoing trial for plunder. There is no showing as
to how grave his conditions are in relation to the facilities that are made available to
him. There is also no showing as to whether any of his medical ailments is actually
aggravating in spite of the best care available. If his health is deteriorating, there is no
showing that it is his detention that is the most significant factor or cause for such
deterioration. Usually, when there is a medical emergency that would make detention
in the hospital necessary, courts do not grant bail. They merely modify the conditions
for the accused’s detention. There is now no clarity as to when special bail based on
medical conditions and modified arrest should be imposed.
Same; Same; Same; View that bail is not a matter of right merely for medical
reasons.—Bail is not a matter of right merely for medical reasons. In People v.
Fitzgerald, 505 SCRA 573 (2006): Bail is not a sick pass for an ailing or aged
detainee or prisoner needing medical care outside the prison facility. A mere claim of
illness is not a ground for bail. It may be that the trend now is for courts to permit bail
for prisoners who are seriously sick. There may also be an existing proposition for the
“selective decarceration of older prisoners” based on findings that recidivism rates
decrease as age increases.
Same; Same; Same; View that before the ink used to write and print the
majority opinion and this dissent has dried, friends, family, and colleagues of
petitioner already strongly predict that he would report immediately for work. This
strongly indicates that the major-
 
Page 3 of 23
  
290
290 SUPREME COURT REPORTS ANNOTATED
Enrile vs. Sandiganbayan (Third Division)
ity’s inference as to the existence of very serious debilitating illnesses may
have been too speculative or premature.—Before the ink used to write and print the
majority opinion and this dissent has dried, friends, family, and colleagues of
petitioner already strongly predict that he would report immediately for work. This
strongly indicates that the majority’s inference as to the existence of very serious
debilitating illnesses may have been too speculative or premature. Significantly, there
is no guidance to the Sandiganbayan as to whether bail then can be cancelled motu
propio or upon motion. There is no guidance as to whether that motion to cancel bail
should be filed before the Sandiganbayan or before this court.
Same; Same; Same; View that the crime charged in petitioner’s case is one
where the imposable penalty is reclusion perpetua. The Constitution and our rules
require that bail can only be granted after granting the prosecution the opportunity to
prove that evidence of guilt is strong. The special grant of bail, due to medical
conditions, is unique, extraordinary, and exceptional.—The crime charged in
petitioner’s case is one where the imposable penalty is reclusion perpetua. The
Constitution and our rules require that bail can only be granted after granting the
prosecution the opportunity to prove that evidence of guilt is strong. The special grant
of bail, due to medical conditions, is unique, extraordinary, and exceptional. To allow
petitioner to go about his other duties would be to blatantly flaunt a violation of the
provisions of the Constitution and our rules. In other words, there is no rule on
whether the grant of provisional liberty on the basis of humanitarian considerations
extends even after the medical emergency has passed. Again, a case of a decision
especially tailored for petitioner.
Same; Same; Same; View that the more prudent course of action would have
been for the Sandiganbayan, not the Supreme Court (SC), to exercise its discretion in
setting the amount of bail.—There is no evidentiary basis for the determination of
P1,000,000.00 as the amount for bail. The original proposal of the member in charge
was P100,000.00. This was increased to P500,000.00 in its revised proposal
circulated on August 14, 2015. Then, upon the request of one member who voted
with the majority, it was then increased to P1,000,000.00. The rules guide courts on
what to consider when setting the amount of bail. The majority opinion is sparse on
the evidence it considers for setting this particular amount. Again, the
 
 
291
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Enrile vs. Sandiganbayan (Third Division)
more prudent course of action would have been for the Sandiganbayan, not this
court, to exercise its discretion in setting the amount of bail.
Same; Same; Same; Universal Declaration of Human Rights; View that the
Universal Declaration of Human Rights, relied upon in the majority opinion, is a
general declaration to uphold the value and dignity of every person. It does not
prohibit the arrest of any accused based on lawful causes nor does it prohibit the
detention of any person accused of crimes.—There are no specific and binding
international law provisions that compel this court to release petitioner given his
medical condition. The Universal Declaration of Human Rights, relied upon in the
majority opinion, is a general declaration to uphold the value and dignity of every
person. It does not prohibit the arrest of any accused based on lawful causes nor
does it prohibit the detention of any person accused of crimes. It only implies that any
arrest or detention must be carried out in a dignified and humane manner.
Same; Same; Same; View that even the Supreme Court (SC) in  Government of
Hong Kong Special Administrative Region v. Hon. Olalia, Jr., 521 SCRA 470
(2007), was wary to grant bail without evidence presented that the accused was not a
flight risk.—In any case, even this court in Government of Hong Kong Special
Administrative Region v. Hon. Olalia, Jr., 521 SCRA 470 (2007), was wary to grant
bail without evidence presented that the accused was not a flight risk. For this reason,
it remanded the case to the trial court instead of applying the provisions of the
Universal Declaration of Human Rights and categorically stating that based on these
principles alone, the accused was entitled to bail. It is true that the Constitution is
replete with provisions on both the respect for human dignity and the protection of
human rights. These rights are applicable to those who, during the dark days of
Martial Law, were illegally detained, tortured, and even involuntarily disappeared.
There is, of course, no reason for these rights and the invocation of human dignity not
to be applicable to Senators of our Republic.
Same; Same; Same; View that suspending the applicability of clear legal
provisions upon the invocation of human rights compels this court to do a more
conscious and rigorous analysis of how these provisions violate specific binding
human rights norms.—The mere
 
 
292
invocation of the broadest concept of human rights is not shibboleth. It should
not be cause for us to be nonchalant about the existence of other constitutional and
statutory provisions and the norms in our Rules of Court. The mere invocation of
human rights does not mean that the Rule of Law is suspended. It is not a shortcut to
arrive at the conclusion or result that we want. Rather, human rights are best
entrenched with the Rule of Law. Suspending the applicability of clear legal provisions
upon the invocation of human rights compels this court to do a more conscious and
rigorous analysis of how these provisions violate specific binding human rights norms.
Same; Same; Same; View that those that read a decision which does not fully
respond to the legal issues outlined in this dissent may be tempted to conclude that
the decision is the result of obvious political accommodation rather than a judicious
consideration of the facts and the law.—Those that read a decision which does not
fully respond to the legal issues outlined in this dissent may be tempted to conclude
that the decision is the result of obvious political accommodation rather than a
judicious consideration of the facts and the law. This case may benefit one powerful
public official at the cost of weakening our legal institutions. If it is pro hac vice, then it
amounts to selective justice. If it is meant to apply in a blanket manner for all other
detainees, then it will weaken the administration of justice because the judicial
standards are not clear.
Same; Same; Same; View that the grant of provisional liberty to petitioner
without any determination of whether the evidence of guilt is strong violates the clear
and unambiguous text of the Constitution.—The grant of provisional liberty to
petitioner without any determination of whether the evidence of guilt is strong violates
Page 4 of 23
the clear and unambiguous text of the Constitution. It may be that, as citizens, we
have our own opinions on or predilections for how the balance of fundamental rights,
liberties, and obligations should be. It may be that, as citizens, such opinions are
founded on our wealth of knowledge and experience.
SPECIAL CIVIL ACTION in the Supreme Court. Certiorari.
The facts are stated in the opinion of the Court.
 
293
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Enrile vs. Sandiganbayan (Third Division)
  Estelito P. Mendoza, Susan A. Mendoza, Lorenzo G. Timbol, Ma. Donnabel T.
Tan, Marie Krizel P. Malabanan, Eleazar B. Reyes, Joseph B. Sagandoy, Jr.,
Edwardson L. Ong, Erwin G. Matib and Kay Angela R. Peñaflorida for Juan Ponce
Enrile.
  The Solicitor General  for respondents.
BERSAMIN, J.:
 
The decision whether to detain or release an accused before and during trial is
ultimately an incident of the judicial power to hear and determine his criminal case.
The strength of the Prosecution’s case, albeit a good measure of the accused’s
propensity for flight or for causing harm to the public, is subsidiary to the primary
objective of bail, which is to ensure that the accused appears at trial.1
 
The Case
 
Before the Court is the petition for certiorari  filed by Senator Juan Ponce Enrile to
assail and annul the resolutions dated July 14, 20142 and August 8, 20143 issued by
the Sandiganbayan (Third Division) in Case No. SB-14-CRM-0238, where he has
been charged with plunder along with several others. Enrile insists that the
resolutions, which respectively denied his Motion To Fix Bail and his Motion For
Reconsideration, were issued with grave abuse of discretion amounting to lack or
excess of jurisdiction.
_______________
1  See Lindermayer, Ariana, What the Right Hand Gives: Prohibitive
Interpretations of the State Constitutional Right to Bail, Fordham Law Review, Vol. 78,
Issue 1, pp. 307-309 (2009).
2  Rollo,  pp. 79-88; penned by Associate Justice Amparo M. Cabotaje-Tang and
concurred in by Associate Justices Samuel R. Martires and Alex L. Quiroz.
3  Id., at pp. 89-102.
 
 
294
294 SUPREME COURT REPORTS ANNOTATED
Enrile vs. Sandiganbayan (Third Division)
Antecedents
 
On June 5, 2014, the Office of the Ombudsman charged Enrile and several others
with plunder in the Sandiganbayan on the basis of their purported involvement in the
diversion and misuse of appropriations under the Priority Development Assistance
Fund (PDAF).4 On June 10, 2014 and June 16, 2014, Enrile respectively filed
his Omnibus Motion5 and Supplemental Opposition,6 praying, among others, that he
be allowed to post bail should probable cause be found against him. The motions
were heard by the Sandiganbayan after the Prosecution filed its Consolidated
Opposition.7
On July 3, 2014, the Sandiganbayan issued its resolution denying Enrile’s motion,
particularly on the matter of bail, on the ground of its prematurity considering that
Enrile had not yet then voluntarily surrendered or been placed under the custody of
the law.8 Accordingly, the Sandiganbayan ordered the arrest of Enrile.9
On the same day that the warrant for his arrest was issued, Enrile voluntarily
surrendered to Director Benjamin Magalong of the Criminal Investigation and
Detection Group (CIDG) in Camp Crame, Quezon City, and was later on confined at
the Philippine National Police (PNP) General Hospital following his medical
examination.10
Thereafter, Enrile filed his Motion for Detention at the PNP General
Hospital,11 and his Motion to Fix Bail,12 both dated July 7, 2014, which were heard by
the Sandiganbayan on
_______________
4   Id., at pp. 107-108.
5   Id., at pp. 103-157.
6   Id., at pp. 163-192.
7   Id., at pp. 193-221.
8   Id., at pp. 222-241.
9   Id., at p. 241.
10  Id., at pp. 242-243.
11  Id., at pp. 244-247.
12  Id., at pp. 249-256.
 
 
295
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Enrile vs. Sandiganbayan (Third Division)
July 8, 2014.13 In support of the motions, Enrile argued that he should be allowed to
post bail because: (a) the Prosecution had not yet established that the evidence of his
guilt was strong; (b) although he was charged with plunder, the penalty as to him
would only be reclusion temporal, not reclusion perpetua; and (c) he was not a flight
risk, and his age and physical condition must further be seriously considered.
On July 14, 2014, the Sandiganbayan issued its first assailed resolution denying
Enrile’s Motion to Fix Bail, disposing thusly:
x x x [I]t is only after the prosecution shall have presented its evidence and the
Court shall have made a determination that the evidence of guilt is not strong against
accused Enrile can he demand bail as a matter of right. Then and only then will the
Court be duty-bound to fix the amount of his bail.
To be sure, no such determination has been made by the Court. In fact, accused
Enrile has not filed an application for bail. Necessarily, no bail hearing can even
commence. It is thus exceedingly premature for accused Enrile to ask the Court to fix
his bail.
x x x x
Page 5 of 23
 Accused Enrile next argues that the Court should grant him bail because while he
is charged with plunder, “the maximum penalty that may be possibly imposed on  him
is reclusion temporal, not reclusion perpetua.” He anchors this claim on Section 2 of
R.A. No. 7080, as amended, and on the allegation that he is over seventy (70) years
old and that he voluntarily surrendered. “Accordingly, it may be said that the crime
charged against Enrile is not punishable by reclusion perpetua, and thus bailable.”
The argument has no merit.
x x x x
_______________
13  Id., at p. 13.
 
 
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296 SUPREME COURT REPORTS ANNOTATED
Enrile vs. Sandiganbayan (Third Division)
x x x [F]or purposes of bail, the presence of mitigating circumstance/s is not taken
into consideration. These circumstances will only be appreciated in the imposition  of
the proper penalty after trial should the accused be found guilty of the offense
charged. x x x
x x x x
Lastly, accused Enrile asserts that the Court should already fix his bail because
he is not a flight risk and his physical condition must also be seriously considered by
the Court.
Admittedly, the accused’s age, physical condition and his being a flight risk are
among the factors that are considered in fixing a reasonable amount of bail. However,
as explained above, it is premature for the Court to fix the amount of bail without an
anterior showing that the evidence of guilt against accused Enrile is not strong.
WHEREFORE, premises considered, accused Juan Ponce Enrile’s Motion to Fix
Bail dated July 7, 2014 is DENIED for lack of merit.
SO ORDERED.14
 
On August 8, 2014, the Sandiganbayan issued its second assailed resolution to
deny Enrile’s motion for reconsideration filed vis-à-vis the July 14, 2014 resolution.15
Enrile raises the following grounds in support of his petition for certiorari, namely:
A. Before judgment of the Sandiganbayan, Enrile is bailable as a
matter of right. Enrile may be deemed to fall within the
exception only upon concurrence of two (2) circumstances:
(i) where the offense is punishable by reclusion
perpetua, and (ii) when evidence of guilt is strong.
_______________
14  Id., at pp. 84-88.
15  Id., at pp. 89-102.
 
 
297
VOL. 767, AUGUST 18, 2015 297
Enrile vs. Sandiganbayan (Third Division)
x x x x
B. The prosecution failed to show clearly and conclusively that Enrile, if
ever he would be convicted, is punishable by reclusion perpetua; hence,
Enrile is entitled to bail as a matter of right.
x x x x
C. The prosecution failed to show clearly and conclusively that evidence of
Enrile’s guilt (if ever) is strong; hence, Enrile is entitled to bail as a
matter of right.
x x x x
D. At any rate, Enrile may be bailable as he is not a flight risk.16
 
Enrile claims that before judgment of conviction, an accused is entitled to bail as
matter of right; that it is the duty and burden of the Prosecution to show clearly and
conclusively that Enrile comes under the exception and cannot be excluded from
enjoying the right to bail; that the Prosecution has failed to establish that Enrile, if
convicted of plunder, is punishable by reclusion perpetua considering the presence of
two mitigating circumstances — his age and his voluntary surrender; that the
Prosecution has not come forward with proof showing that his guilt for the crime of
plunder is strong; and that he should not be considered a flight risk taking into
account that he is already over the age of 90, his medical condition, and his social
standing.
In its Comment,17 the Ombudsman contends that Enrile’s right to bail is
discretionary as he is charged with a capital offense; that to be granted bail, it is
mandatory that a bail hearing be conducted to determine whether there is strong
evidence of his guilt, or the lack of it; and that entitlement to
_______________
16  Id., at pp. 16-19.
17  Id., at pp. 526-542.
 
 
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298 SUPREME COURT REPORTS ANNOTATED
Enrile vs. Sandiganbayan (Third Division)
bail considers the imposable penalty, regardless of the attendant circumstances.
 
Ruling of the Court
 
The petition for certiorari is meritorious.
 
1.
Bail protects the right of the accused
to due process and to be presumed innocent
 
In all criminal prosecutions, the accused shall be presumed innocent until the
contrary is proved.18 The presumption of innocence is rooted in the guarantee of due
process, and is safeguarded by the constitutional right to be released on bail, 19 and
further binds the court to wait until after trial to impose any punishment on the
accused.20
It is worthy to note that bail is not granted to prevent the accused from committing
additional crimes.21 The purpose of bail is to guarantee the appearance of the
Page 6 of 23
accused at the trial, or whenever so required by the trial court. The amount of bail
should be high enough to assure the presence of the accused when so required, but
it should be no higher than is reasonably calculated to fulfill this purpose. 22 Thus, bail
acts as a rec-
_______________
18  Section 14(2), Article III of the 1987 Constitution.
19  Government of the United States of America v. Purganan, G.R. No. 148571,
September 24, 2002, 389 SCRA 623, where the Court said that the constitutional
right to bail flows from the presumption of innocence in favor of every accused who
should not be subjected to the loss of freedom as thereafter he would be entitled to
acquittal, unless his guilt be proved beyond reasonable doubt; see also Baradaran,
Shima, Restoring the Presumption of Innocence, Ohio State Law Journal, Vol. 72, p.
728 (2011).
20  Baradaran, id., at p. 736.
21  Id., at p. 731.
22  Yap, Jr. v. Court of Appeals, G.R. No. 141529, June 6, 2001, 358 SCRA 564,
572.
 
 
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Enrile vs. Sandiganbayan (Third Division)
onciling mechanism to accommodate both the accused’s interest in his provisional
liberty before or during the trial, and the society’s interest in assuring the accused’s
presence at trial.23
 
2.
Bail may be granted as a matter
of right or of discretion
 
The right to bail is expressly afforded by Section 13, Article III (Bill of Rights) of
the Constitution, viz.:
x x x All persons, except those charged with offenses punishable by reclusion
perpetua when evidence of guilt is strong, shall, before conviction, be bailable by
sufficient sureties, or be released on recognizance as may be provided by law. The
right to bail shall not be impaired even when the privilege of the writ of habeas
corpus is suspended. Excessive bail shall not be required.
This constitutional provision is repeated in Section 7, Rule 114 24 of the Rules of
Court, as follows:
Section 7. Capital offense or an offense punishable by reclusion perpetua or life
imprisonment, not bailable.—No person charged with a capital offense, or an offense
punishable by reclusion perpetua or life imprisonment, shall be admitted to bail when
evidence of guilt is strong, regardless of the stage of the criminal prosecution.
 
A capital offense in the context of the rule refers to an offense that, under the law
existing at the time of its commission and the application for admission to bail, may be
punished with death.25
_______________
23  Leviste v. Court of Appeals, G.R. No. 189122, March 17, 2010, 615 SCRA
619, 628.
24  As amended by A.M. No. 00-5-03-SC, December 1, 2000.
25  Section 6, Rule 114 of the Rules of Court.
 
 
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300 SUPREME COURT REPORTS ANNOTATED
Enrile vs. Sandiganbayan (Third Division)
The general rule is, therefore, that any person, before being convicted of any
criminal offense, shall be bailable, unless he is charged with a capital offense, or with
an offense punishable with reclusion perpetua or life imprisonment, and the evidence
of his guilt is strong. Hence, from the moment he is placed under arrest, or is detained
or restrained by the officers of the law, he can claim the guarantee of his provisional
liberty under the Bill of Rights, and he retains his right to bail unless he is charged
with a capital offense, or with an offense punishable with reclusion perpetua or life
imprisonment, and the evidence of his guilt is strong.26 Once it has been established
that the evidence of guilt is strong, no right to bail shall be recognized.27
As a result, all criminal cases within the competence of the Metropolitan Trial
Court, Municipal Trial Court, Municipal Trial Court in Cities, or Municipal Circuit Trial
Court are bailable as matter of right because these courts have no jurisdiction to try
capital offenses, or offenses punishable with reclusion perpetua or life imprisonment.
Likewise, bail is a matter of right prior to conviction by the Regional Trial Court (RTC)
for any offense not punishable by death, reclusion perpetua, or life imprisonment, or
even prior to conviction for an offense punishable by death, reclusion perpetua, or life
imprisonment when evidence of guilt is not strong.28
_______________
26  Government of the United States of America v. Purganan, supra note 19 at p.
693.
27  Id.
28  Section 4, Rule 114 of the Rules of Court provides:
Section 4. Bail, a matter of right; exception.—All persons in custody shall be
admitted to bail as a matter of right, with sufficient sureties, or released on
recognizance as prescribed by law or this Rule (a) before or after conviction by the
Metropolitan Trial Court, Municipal Trial Court, Municipal Trial Court in Cities, or
Municipal Circuit Trial Court, and (b) before conviction by the Regional Trial Court of
an offense not punishable by death, reclusion perpetua, or life imprisonment.
 
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Enrile vs. Sandiganbayan (Third Division)
On the other hand, the granting of bail is discretionary: (1) upon conviction by the
RTC of an offense not punishable by death, reclusion perpetua or life
imprisonment;29 or (2) if the RTC has imposed a penalty of imprisonment exceeding
six years, provided none of the circumstances enumerated under paragraph 3 of
Section 5, Rule 114 is present, as follows:
(a) That he is a recidivist, quasi-recidivist, or habitual delinquent, or has
committed the crime aggravated by the circumstance of reiteration;
Page 7 of 23
 (b) That he has previously escaped from legal confinement, evaded sentence, or
violated the conditions of his bail without valid justification;
(c) That he committed the offense while under probation, parole, or conditional
pardon;
(d) That the circumstances of his case indicate the probability of flight if released
on bail; or
(e) That there is undue risk that he may commit another crime during the
pendency of the appeal.
 
3.
Admission to bail in offenses punished
by death, or life imprisonment, or reclusion
perpetua is subject to judicial discretion
 
For purposes of admission to bail, the determination of whether or not evidence of
guilt is strong in criminal cases involving capital offenses, or offenses punishable
with reclusion perpetua or life imprisonment lies within the discretion of the trial court.
But, as the Court has held in Concerned Citizens v. Elma,30 “such discretion may be
exercised only after the hearing called to ascertain the degree of guilt of the accused
for the purpose of whether or not he should be granted provi-
_______________
29  Section 5, paragraph 1, Rule 114 of the Rules of Court.
30  A.M. No. RTJ-94-1183, February 6, 1995, 241 SCRA 84, 88.
 
 
302
302 SUPREME COURT REPORTS ANNOTATED
Enrile vs. Sandiganbayan (Third Division)
sional liberty.” It is axiomatic, therefore, that bail cannot be allowed when its grant is a
matter of discretion on the part of the trial court unless there has been a hearing with
notice to the Prosecution. 31 The indispensability of the hearing with notice has been
aptly explained in Aguirre v. Belmonte, viz.:32
x x x Even before its pronouncement in the Lim case, this Court already ruled
in People v. Dacudao, etc., et al. that a hearing is mandatory before bail can be
granted to an accused who is charged with a capital offense, in this wise:
The respondent court acted irregularly in granting bail in a murder case without
any hearing on the motion asking for it, without bothering to ask the prosecution for its
conformity or comment, as it turned out later, over its strong objections. The court
granted bail on the sole basis of the complaint and the affidavits of three policemen,
not one of whom apparently witnessed the killing. Whatever the court possessed at
the time it issued the questioned ruling was intended only for prima facie  determining
whether or not there is sufficient ground to engender a well-founded belief that the
crime was committed and pinpointing the persons who probably committed it.
Whether or not the evidence of guilt is strong for each individual accused still has to
be established unless the prosecution submits the issue on whatever it has already
presented. To appreciate the strength or weakness of the evidence of guilt, the
prosecution must be consulted or heard. It is equally entitled as the accused to due
process.
x x x x
_______________
31  Gacal v. Infante, A.M. No. RTJ-04-1845 (formerly A.M. No. I.P.I. No. 03-1831-
RTJ), October 5, 2011, 658 SCRA 535, 536.
32  A.M. No. RTJ-93-1052, October 27, 1994, 237 SCRA 778, 789-790.
 
 
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Enrile vs. Sandiganbayan (Third Division)
Certain guidelines in the fixing of a bailbond call for the presentation of evidence
and reasonable opportunity for the prosecution to refute it. Among them are the
nature and circumstances of the crime, character and reputation of the accused, the
weight of the evidence against him, the probability of the accused appearing at the
trial, whether or not the accused is a fugitive from justice, and whether or not the
accused is under bond in other cases. (Section 6, Rule 114, Rules of Court) It is
highly doubtful if the trial court can appreciate these guidelines in an ex
parte determination where the Fiscal is neither present nor heard.
 
The hearing, which may be either summary or otherwise, in the discretion of the
court, should primarily determine whether or not the evidence of guilt against the
accused is strong. For this purpose, a summary hearing means —
x x x such brief and speedy method of receiving and considering the evidence of
guilt as is practicable and consistent with the purpose of hearing which is merely to
determine the weight of evidence for purposes of bail. On such hearing, the court
does not sit to try the merits or to enter into any nice inquiry as to the weight that
ought to be allowed to the evidence for or against the accused, nor will it speculate on
the outcome of the trial or on what further evidence may be therein offered or
admitted. The course of inquiry may be left to the discretion of the court which may
confine itself to receiving such evidence as has reference to substantial matters,
avoiding unnecessary thoroughness in the examination and cross examination.33
In resolving bail applications of the accused who is charged with a capital offense,
or an offense punishable by reclusion
_______________
33  Cortes v. Catral, A.M. No. RTJ-97-1387, September 10, 1997, 279 SCRA 1,
11.
 
 
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304 SUPREME COURT REPORTS ANNOTATED
Enrile vs. Sandiganbayan (Third Division)
perpetua or life imprisonment, the trial judge is expected to comply with the
guidelines outlined in Cortes v. Catral,34 to wit:
1. In all cases, whether bail is a matter of right or of discretion, notify the
prosecutor of the hearing of the application for bail or require him to
submit his recommendation (Section 18, Rule 114 of the Rules of
Court, as amended);
2. Where bail is a matter of discretion, conduct a hearing of the application
for bail regardless of whether or not the prosecution refuses to present
evidence to show that the guilt of the accused is strong for the purpose
Page 8 of 23
 of enabling the court to exercise its sound discretion; (Section 7 and
8, supra)
3. Decide whether the guilt of the accused is strong based on the
summary of evidence of the prosecution;
4. If the guilt of the accused is not strong, discharge the accused upon the
approval of the bailbond. (Section 19, supra) Otherwise petition should
be denied.
4.
Enrile’s poor health justifies
his admission to bail
 
We first note that Enrile has averred in his Motion to Fix Bail the presence of two
mitigating circumstances that should be appreciated in his favor, namely: that he was
already over 70 years at the time of the alleged commission of the offense, and that
he voluntarily surrendered.35
Enrile’s averment has been mainly uncontested by the Prosecution,
whose Opposition to the Motion to Fix Bail has only argued that —
_______________
34  Id., at p. 18.
35  Rollo, pp. 252-253.
 
 
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VOL. 767, AUGUST 18, 2015 305
Enrile vs. Sandiganbayan (Third Division)
8. As regards the assertion that the maximum possible penalty that might
be imposed upon Enrile is only reclusion temporal due to the presence
of two mitigating circumstances, suffice it to state that the presence or
absence of mitigating circumstances is also not consideration that the
Constitution deemed worthy. The relevant clause in Section 13 is
“charged with an offense punishable by.” It is, therefore, the
maximum penalty provided by the offense that has bearing and
not the possibility of mitigating circumstances being appreciated
in the accused’s favor.36
 
Yet, we do not determine now the question of whether or not Enrile’s averment on
the presence of the two mitigating circumstances could entitle him to bail despite the
crime alleged against him being punishable with reclusion perpetua,37 simply because
the determination, being primarily factual in context, is ideally to be made by the trial
court.
Nonetheless, in now granting Enrile’s petition for certiorari, the Court is guided by
the earlier mentioned principal purpose of bail, which is to guarantee the appearance
of the accused at the trial, or whenever so required by the court. The Court is further
mindful of the Philippines’ responsibility in the international community arising from
the national commitment under the Universal Declaration of Human Rights to:
_______________
36  Id., at p. 260.
37  Worthy to mention at this juncture is that the Court En Banc, in People v.
Genosa (G.R. No. 135981, January 15, 2004, 419 SCRA 537), a criminal prosecution
for parricide in which the penalty is reclusion perpetua to death under Article 246 of
the Revised Penal Code, appreciated the concurrence of two mitigating
circumstances and no aggravating circumstance as a privileged mitigating
circumstance, and consequently lowered the penalty imposed on the accused
to reclusion temporal in its medium period.
 
306
306 SUPREME COURT REPORTS ANNOTATED
Enrile vs. Sandiganbayan (Third Division)
x x x uphold the fundamental human rights as well as value the worth and dignity
of every person. This commitment is enshrined in Section II, Article II of our
Constitution which provides: “The State values the dignity of every human person and
guarantees full respect for human rights.” The Philippines, therefore, has the
responsibility of protecting and promoting the right of every person to liberty
and due process, ensuring that those detained or arrested can participate in the
proceedings before a court, to enable it to decide without delay on the legality
of the detention and order their release if justified. In other words, the
Philippine authorities are under obligation to make available to every person
under detention such remedies which safeguard their fundamental right to
liberty. These remedies include the right to be admitted to bail.38
This national commitment to uphold the fundamental human rights as well as
value the worth and dignity of every person has authorized the grant of bail not only to
those charged in criminal proceedings but also to extraditees upon a clear and
convincing showing: (1) that the detainee will not be a flight risk or a danger to the
community; and (2) that there exist special, humanitarian and compelling
circumstances.39
In our view, his social and political standing and his having immediately
surrendered to the authorities upon his being charged in court indicate that the risk of
his flight or escape from this jurisdiction is highly unlikely. His personal disposition
from the onset of his indictment for plunder, formal or otherwise, has demonstrated
his utter respect for the legal processes of this country. We also do not ignore that at
an ear-
_______________
38  Government of Hong Kong Special Administrative Region v. Olalia, Jr., G.R.
No. 153675, April 19, 2007, 521 SCRA 470, 482 (bold underscoring supplied for
emphasis).
39  Rodriguez v. Presiding Judge, RTC, Manila, Br. 17,  G.R. No. 157977,
February 27, 2006, 483 SCRA 290, 298.
 
 
307
VOL. 767, AUGUST 18, 2015 307
Enrile vs. Sandiganbayan (Third Division)
lier time many years ago when he had been charged with rebellion with murder and
multiple frustrated murder, he already evinced a similar personal disposition of
respect for the legal processes, and was granted bail during the pendency of his trial
Page 9 of 23
because he was not seen as a flight risk. 40 With his solid reputation in both his public especially under stressful conditions; (3) coronary calcifications associated with
and his private lives, his long years of public service, and history’s judgment of him coronary artery disease, because they could indicate a future risk for heart attack
being at stake, he should be granted bail. under stressful conditions; and (4) exacerbations of ACOS, because they could be
The currently fragile state of Enrile’s health presents another compelling triggered by certain circumstances (like excessive heat, humidity, dust or allergen
justification for his admission to bail, but which the Sandiganbayan did not recognize. exposure) which could cause a deterioration in patients with asthma or COPD.43
In his testimony in the Sandiganbayan,41 Dr. Jose C. Gonzales, the Director of the _______________
Philippine General Hospital (PGH), classified Enrile as a geriatric patient who was 42  Id., at pp. 373-374 (bold underscoring supplied for emphasis).
found during the medical examinations conducted at the UP-PGH to be suffering from 43  Id., at pp. 334-335, 374-375.
the following conditions:  
   
(1) Chronic Hypertension with fluctuating blood pressure levels on multiple 309
drug therapy; (Annexes 1.1, 1.2, 1.3); VOL. 767, AUGUST 18, 2015 309
(2) Diffuse atherosclerotic cardiovascular disease composed of the Enrile vs. Sandiganbayan (Third Division)
following: Based on foregoing, there is no question at all that Enrile’s advanced age and ill
a. Previous history of cerebrovascular disease with carotid and health required special medical attention. His confinement at the PNP General
vertebral artery disease; (Annexes 1.4, 4.1) Hospital, albeit at his own instance,44 was not even recommended by the officer-in-
b. Heavy coronary artery calcifications; (Annex 1.5) charge (OIC) and the internist doctor of that medical facility because of the limitations
c. Ankle Brachial Index suggestive of arterial calcifications. (Annex in the medical support at that hospital. Their testimonies ran as follows:
1.6) x x x x
(3) Atrial and Ventricular Arrhythmia (irregular heart beat) documented by JUSTICE MARTIRES:
Holter monitoring; (Annexes 1.7.1, 1.7.2) The question is, do you feel comfortable with the continued
_______________ confinement of Senator Enrile at the Philippine National Police
40  Rollo, pp. 559, 571-576. Hospital?
41  Id., at pp. 339-340 (TSN of July 14, 2014). DR. SERVILLANO:
  No, Your Honor.
  JUSTICE MARTIRES:
308 Director, doctor, do you feel comfortable with the continued
308 SUPREME COURT REPORTS ANNOTATED confinement of Senator Enrile at the PNP Hospital?
Enrile vs. Sandiganbayan (Third Division) PSUPT. JOCSON:
(4) Asthma-COPD Overlap Syndrome (ACOS) and postnasal drip syndrome; No, Your Honor.
(Annexes 2.1, 2.2) JUSTICE MARTIRES:
(5) Ophthalmology: Why?
a. Age-related mascular degeneration, neovascular s/p laser of the Retina, PSUPT. JOCSON:
s/p Lucentis intra-ocular injections; (Annexes 3.0, 3.1, 3.2) Because during emergency cases, Your Honor, we cannot give
b. S/p Cataract surgery with posterior chamber intraocular lens. (Annexes him the best.
3.1, 3.2) x x x x
(6) Historical diagnoses of the following: JUSTICE MARTIRES:
a. High blood sugar/diabetes on medications; At present, since you are the attending physician of the accused,
b. High cholesterol levels/dyslipidemia; Senator Enrile, are you happy or have any fear in your heart
c. Alpha thalassemia; of the present condition of the accused vis-à-vis the
d. Gait/balance disorder; facilities of the hospital?
e. Upper gastrointestinal bleeding (etiology uncertain) in 2014; DR. SERVILLANO:
f. Benign prostatic hypertrophy (with documented enlarged prostate on Yes, Your Honor. I have a fear.
recent ultrasound).42  
   
Dr. Gonzales attested that the following medical conditions, singly or collectively, 310
could pose significant risks to the life of Enrile, to wit: (1) uncontrolled hypertension, 310 SUPREME COURT REPORTS ANNOTATED
because it could lead to brain or heart complications, including recurrence of stroke; Enrile vs. Sandiganbayan (Third Division)
(2) arrhythmia, because it could lead to fatal or nonfatal cardiovascular events, JUSTICE MARTIRES:

Page 10 of 23
 That you will not be able to address in an emergency situation?
DR. SERVILLANO:
Your Honor, in case of emergency situation we can handle it but
probably if the condition of the patient worsen, we have no
facilities to do those things, Your Honor.45
x x x x
 
Bail for the provisional liberty of the accused, regardless of the crime charged,
should be allowed independently of the merits of the charge, provided his continued
incarceration is clearly shown to be injurious to his health or to endanger his life.
Indeed, denying him bail despite imperiling his health and life would not serve the true
objective of preventive incarceration during the trial.
Granting bail to Enrile on the foregoing reasons is not unprecedented. The Court
has already held in Dela Rama v. The People’s Court:46
x x x This court, in disposing of the first petition for certiorari, held the following:
x x x [U]nless allowance of bail is forbidden by law in the particular
case, the illness of the prisoner, independently of the merits of the case,
is a circumstance, and the humanity of the law makes it a consideration
which should, regardless of the charge and the stage of the proceeding,
influence the court to exercise its discretion to admit the prisoner to
bail; x x x47
_______________
45  Id., at pp. 485-488 (TSN of September 4, 2014).
46  77 Phil. 461 (October 2, 1946), in which the pending criminal case against the
petitioner was for treason.
47  Id., at p. 462.
 
 
311
VOL. 767, AUGUST 18, 2015 311
Enrile vs. Sandiganbayan (Third Division)
x x x x
Considering the report of the Medical Director of the Quezon Institute to the effect
that the petitioner “is actually suffering from minimal, early, unstable type of
pulmonary tuberculosis, and chronic, granular pharyngitis,” and that in said institute
they “have seen similar cases, later progressing into advance stages when the
treatment and medicine are no longer of any avail”; taking into consideration that the
petitioner’s previous petition for bail was denied by the People’s Court on the ground
that the petitioner was suffering from quiescent and not active tuberculosis, and the
implied purpose of the People’s Court in sending the petitioner to the Quezon Institute
for clinical examination and diagnosis of the actual condition of his lungs, was
evidently to verify whether the petitioner is suffering from active tuberculosis, in order
to act accordingly in deciding his petition for bail; and considering further that the said
People’s Court has adopted and applied the well-established doctrine cited in our
above quoted resolution, in several cases, among them, the cases against Pio Duran
(case No. 3324) and Benigno Aquino (case No. 3527), in which the said defendants
were released on bail on the ground that they were ill and their continued confinement
in New Bilibid Prison would be injurious to their health or endanger their life; it is
evident and we consequently hold that the People’s Court acted with grave abuse of
discretion in refusing to release the petitioner on bail.48
 
It is relevant to observe that granting provisional liberty to Enrile will then enable
him to have his medical condition be properly addressed and better attended to by
competent physicians in the hospitals of his choice. This will not only aid in his
adequate preparation of his defense but, more importantly, will guarantee his
appearance in court for the trial.
On the other hand, to mark time in order to wait for the trial to finish before a
meaningful consideration of the appli-
_______________
48  Id., at pp. 465-466.
 
 
312
312 SUPREME COURT REPORTS ANNOTATED
Enrile vs. Sandiganbayan (Third Division)
cation for bail can be had is to defeat the objective of bail, which is to entitle the
accused to provisional liberty pending the trial. There may be circumstances decisive
of the issue of bail — whose existence is either admitted by the Prosecution, or is
properly the subject of judicial notice — that the courts can already consider in
resolving the application for bail without awaiting the trial to finish. 49 The Court thus
balances the scales of justice by protecting the interest of the People through
ensuring his personal appearance at the trial, and at the same time realizing for him
the guarantees of due process as well as to be presumed innocent until proven guilty.
Accordingly, we conclude that the Sandiganbayan arbitrarily ignored the objective
of bail to ensure the appearance of the accused during the trial; and unwarrantedly
disregarded the clear showing of the fragile health and advanced age of Enrile. As
such, the Sandiganbayan gravely abused its discretion in denying Enrile’s Motion To
Fix Bail. Grave abuse of discretion, as the ground for the issuance of the writ
of certiorari, connotes whimsical and capricious exercise of judgment as is equivalent
to excess, or lack of jurisdiction.50 The abuse must be so patent and gross as to
amount to an evasion of a positive duty or to a virtual refusal to perform a duty
enjoined by law, or to act at all in contemplation of law as where the
_______________
49  Bravo, Jr. v. Borja, No. L-65228, February 18, 1985, 134 SCRA 466, where
the Court observed:
To allow bail on the basis of the penalty to be actually imposed would require a
consideration not only of the evidence of the commission of the crime but also
evidence of the aggravating and mitigating circumstances. There would then be a
need for a complete trial, after which the judge would be just about ready to render a
decision in the case. As perceptively observed by the Solicitor General, such
procedure would defeat the purpose of bail, which is to entitle the accused to
provisional liberty pending trial.
50  Republic v. Sandiganbayan (Second Division), G.R. No. 129406, March 6,
2006, 484 SCRA 119, 127; Litton Mills, Inc. v. Galleon Trader, Inc., No. L-40867, July
26, 1988, 163 SCRA 489, 494.
 
Page 11 of 23
 313
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Enrile vs. Sandiganbayan (Third Division)
power is exercised in an arbitrary and despotic manner by reason of passion or
hostility.51
WHEREFORE, the Court GRANTS the petition for certiorari; ISSUES the writ
of certiorari ANNULING and SETTING ASIDE the Resolutions issued
the Sandiganbayan (Third Division) in Case No. SB-14-CRM-0238 on July 14, 2014
and August 8, 2014; ORDERS the PROVISIONAL RELEASE of petitioner Juan
Ponce Enrile in Case No. SB-14-CRM-0238 upon posting of a cash bond of
P1,000,000.00 in the Sandiganbayan; and DIRECTS the immediate release of
petitioner Juan Ponce Enrile from custody unless he is being detained for some other
lawful cause.
No pronouncement on costs of suit.
SO ORDERED.
Velasco, Jr., Leonardo-De Castro, Brion, Perez and Mendoza, JJ., concur.
Sereno, CJ., I join the Dissent of J. Leonen.
Carpio, J., I join the Dissent of J. Leonen.
Peralta, J., For humanitarian reasons.
Del Castillo, J., I concur in the result based on humanitarian grounds.
Villarama, Jr., J., On Official Leave.
Reyes, J., On Sick Leave.
Perlas-Bernabe, J., I join the Dissent of J. Leonen.
Leonen, J., I dissent. See Separate Opinion.
Jardeleza, J., No part. Prior OSG action.
 
 
314
314 SUPREME COURT REPORTS ANNOTATED
Enrile vs. Sandiganbayan (Third Division)
DISSENTING OPINION
 
LEONEN, J.:
All persons, except those charged with offenses punishable by reclusion
perpetua when evidence of  guilt is strong, shall, before conviction, be bailable by
sufficient sureties, or be released on recognizance as may be provided by law. The
right to bail shall not be impaired even when the privilege of the writ of habeas corpus
is suspended. Excessive bail shall not be required. — Const., Art. III, Sec. 13
The law, in its majestic equality, forbids the rich as well as the poor to sleep under
bridges, to beg in the streets, and to steal bread. — The Red Lily, Chapter 7 (1894)
by Anatole France, French novelist (1844-1924)
I dissent.
This Petition for Certiorari should not be granted. The action of
the Sandiganbayan in denying the Motion to Fix Bail was proper. Bail is not a matter
of right in cases where the crime charged is plunder and the imposable penalty
is reclusion perpetua.
Neither was there grave abuse of discretion by the Sandiganbayan when it failed
to release accused on bail for medical or humanitarian reasons. His release for
medical and humanitarian reasons was not the basis for his prayer in his Motion to
Fix Bail1 filed before the Sandiganbayan. Neither did he base his prayer for the grant
of bail in this Petition on his medical condition.
The grant of bail, therefore, by the majority is a special accommodation for
petitioner. It is based on a ground never raised before the Sandiganbayan or in the
pleadings filed before this court. The Sandiganbayan should not be faulted for
by _______________
1  Petition for Certiorari, Annex I.
 
 
315
VOL. 767, AUGUST 18, 2015 315
Enrile vs. Sandiganbayan (Third Division)
not shedding their neutrality and impartiality. It is not the duty of an impartial court to
find what it deems a better argument for the accused at the expense of the
prosecution and the people they represent.
The allegation that petitioner suffers from medical conditions that require very
special treatment is a question of fact. We cannot take judicial notice of the truth
contained in a certification coming from one doctor. This doctor has to be presented
as an expert witness who will be subjected to both direct and cross-examination so
that he can properly manifest to the court the physical basis for his inferences as well
as the nature of the medical condition of petitioner. Rebutting evidence that may be
presented by the prosecution should also be considered. All this would be proper
before the Sandiganbayan. Again, none of this was considered by
the Sandiganbayan because petitioner insisted that he was entitled to bail as a matter
of right on grounds other than his medical condition.
Furthermore, the majority’s opinion — other than the invocation of a general
human rights principle — does not provide clear legal basis for the grant of bail on
humanitarian grounds. Bail for humanitarian considerations is neither presently
provided in our Rules of Court nor found in any statute or provision of the
Constitution.
This case leaves this court open to a justifiable criticism of granting a privilege ad
hoc: only for one person — petitioner in this case.
Worse, it puts pressure on all trial courts and the Sandiganbayan that will
predictably be deluged with motions to fix bail on the basis of humanitarian
considerations. The lower courts will have to decide, without guidance, whether bail
should be granted because of advanced age, hypertension, pneumonia, or dreaded
diseases. They will have to decide whether this is applicable only to Senators and
former Presidents charged with plunder and not to those accused of drug trafficking,
multiple incestuous rape, serious illegal detention,
 
315
VOL. 767, AUGUST 18, 2015 315
Enrile vs. Sandiganbayan (Third Division)
and other crimes punishable by reclusion perpetua or life imprisonment. They will
have to decide whether this is applicable only to those who are in special detention
facilities and not to the aging or sick detainees in overcrowded detention facilities all
over this country.
Page 12 of 23
 Our trial courts and the Sandiganbayan will decide on the basis of personal The Office of the Ombudsman filed its Opposition to the Motion to Fix Bail 9 dated
discretion causing petitions for certiorari to be filed before this court. This will usher in July 9, 2014. Enrile filed a Reply10 dated July 11, 2014.
an era of truly selective justice not based on clear legal provisions, but one that is _______________
unpredictable, partial, and solely grounded on the presence or absence of human 3   Ponencia, p. 294.
compassion on the day that justices of this court deliberate and vote. 4   Id.
Not only is this contrary to the Rule of Law, it also undermines the legitimacy and 5   Id.
the stability of our entire judicial system. 6   Petition for Certiorari, Annex I, pp. 4-5.
  7   Id., at p. 5.
I 8   Id., at pp. 6-7.
  9   Petition for Certiorari, Annex J.
On June 5, 2014, Senator Juan Ponce Enrile (Enrile) was charged with the crime 10  Petition for Certiorari, Annex K.
of plunder punishable under Republic Act No. 7080.2 Section 2 of this law provides:  
SEC. 2. Definition of the Crime of Plunder, Penalties.—Any public officer who,  
by himself or in connivance with members of his family, relatives by affinity or 318
consanguinity, business associates, subordinates or other persons, amasses 318 SUPREME COURT REPORTS ANNOTATED
accumulates or acquires ill-gotten wealth through a combination or series of overt or Enrile vs. Sandiganbayan (Third Division)
criminal acts as described in Section 1(d) hereof in the aggregate amount or total Pending the resolution of his Motion to Fix Bail, Enrile filed a Motion for Detention
value of at least Fifty million pesos (P50,000,000.00) shall be guilty of the crime of at the PNP General Hospital11 dated July 4, 2014, arguing that “his advanced age and
plunder and shall be punished by reclusion perpetua to death[.] (Emphasis frail medical condition”12 merit hospital arrest in the Philippine National Police General
supplied) Hospital under such conditions that may be prescribed by the Sandiganbayan.13 He
  also prayed that in the event of a medical emergency that cannot be addressed by
On June 10, 2014, Enrile filed an Omnibus Motion before the Sandiganbayan, the Philippine National Police General Hospital, he may be allowed to access an
praying that he be allowed to post bail if outside medical facility.14 His prayer states:
_______________ WHEREFORE, accused Enrile prays that the Honorable Court temporarily place
2  An Act Defining and Penalizing the Crime of Plunder, as Amended by Rep. Act him under hospital confinement at the PNP General Hospital at Camp Crame,
No. 7659 (1993). Quezon City, with continuing authority given to the hospital head or administrator to
  exercise his professional medical judgment or discretion to allow Enrile’s immediate
  access of, or temporary visit to, another medical facility outside of Camp Crame, in
317 case of emergency or necessity, secured with appropriate guards, but after
VOL. 767, AUGUST 18, 2015 317 completion of the appropriate medical treatment or procedure, he be returned
Enrile vs. Sandiganbayan (Third Division) forthwith to the PNP General Hospital.15
the Sandiganbayan should find probable cause against him.3 On July 3, 2014,  
the Sandiganbayan denied the Omnibus Motion on the ground of prematurity since no After the prosecution’s submission of its Opposition to the Motion for Detention at
warrant of arrest had been issued at that time. In the same Resolution, the PNP General Hospital, the Sandiganbayan held a hearing on July 9, 2014 to
the Sandiganbayan ordered Enrile’s arrest.4 resolve this Motion.
On the same day the warrant of arrest was issued and served, Enrile proceeded On July 9, 2014, the Sandiganbayan issued an Order allowing Enrile to remain at
to the Criminal Investigation and Detection Group of the Philippine National Police in the Philippine National Police General Hospital for medical examination until further
Camp Crame, Quezon City.5 orders of the court.16
On July 7, 2014, Enrile filed a Motion to Fix Bail, arguing that his alleged age and _______________
voluntary surrender were mitigating and extenuating circumstances that would lower 11  Petition for Certiorari, Annex L.
the imposable penalty to reclusion temporal.6 He also argued that his alleged age and 12  Id., at p. 2.
physical condition indicated that he was not a flight risk.7 His prayer states: 13  Id.
WHEREFORE, accused Enrile prays that the Honorable Court allow Enrile to post 14  Id.
bail, and forthwith set the amount of bail pending determination that (a) evidence of 15  Id., at p. 3.
guilt is strong; (b) uncontroverted mitigating circumstances of at least 70 years old 16  Petition for Certiorari, Annex O, p. 5.
and voluntary surrender will not lower the imposable penalty to reclusion temporal;  
and (c) Enrile is a flight risk [sic].8  
  319
VOL. 767, AUGUST 18, 2015 319

Page 13 of 23
 Enrile vs. Sandiganbayan (Third Division)
This Order regarding his detention at the Philippine National Police General
Hospital is not the subject of this Petition for Certiorari. Enrile did not ask that
this Order be declared invalid or null and void.
On July 14, 2014, the Sandiganbayan issued the Resolution17 denying Enrile’s
Motion to Fix Bail for being premature,18 stating that:
[I]t is only after the prosecution shall have presented its evidence and the Court
shall have made a determination that the evidence of guilt is not strong against
accused Enrile can he demand bail as a matter of right. Then and only then will the
Court be duty-bound to fix the amount of his bail.
To be sure, no such determination has been made by the Court. In fact, accused
Enrile has not filed an application for bail. Necessarily, no bail hearing can even
commence. It is thus exceedingly premature for accused Enrile to ask the Court to fix
his bail.19
 
Enrile filed a Motion for Reconsideration,20 reiterating that there were mitigating
and extenuating circumstances that would modify the imposable penalty and that his
frail health proved that he was not a flight risk. 21 The Sandiganbayan, however,
denied the Motion on August 8, 2014.22 Hence, this Petition for Certiorari was filed.
 
II
 
The Sandiganbayan  did not commit grave abuse of discretion when it denied the
Motion to Fix Bail for prematurity. It
_______________
17  Petition for Certiorari, Annex A.
18  Id., at pp. 6 and 10.
19  Id., at p. 6.
20  Petition for Certiorari, Annex L.
21  Id., at pp. 3-5.
22  Petition for Certiorari, Annex B, p. 14.
 
 
320
320 SUPREME COURT REPORTS ANNOTATED
Enrile vs. Sandiganbayan (Third Division)
was following entrenched and canonical procedures for bail based upon the
Constitution and the Rules of Court.
A trial court — in this case, the Sandiganbayan — acquires jurisdiction over the
person of the accused through his or her arrest. 23 The consequent detention is to
ensure that the accused will appear when required by the Rules and by order of the
court trying the offense.24 The provisions on bail provide a balance between the
accused’s right to be presumed innocent on one hand and the due process rights of
the state to be able to effect the accused’s prosecution on the other hand. That
balance is not exclusively judicially determined. The Constitution frames judicial
discretion.
Thus, Article III, Section 13 states:
ARTICLE III
Bill of Rights
....
SECTION 13. All persons, except those charged with offenses punishable
by reclusion perpetua when evidence of guilt is strong, shall, before conviction, be
bailable by sufficient sureties, or be released on recognizance as may be provided by
law. The right to bail shall not be impaired even when the privilege of the writ
of habeas corpus is suspended. Excessive bail shall not be required.
 
The doctrine on bail is so canonical that it is clearly provided in our Rules of
Court. The grant of bail is ordinarily understood as two different concepts: (1) bail as a
matter of right and (2) bail as a matter of discretion. Thus, Sections 4 and 5 of Rule
114 provide:
_______________
23  See  Gimenez v. Nazareno, 243 Phil. 274, 278; 160 SCRA 1, 4 (1988)
[Per J. Gancayco, En Banc].
24  See Rev. Rules of Crim. Proc., Rule 114, Sec. 3.
 
 
321
VOL. 767, AUGUST 18, 2015 321
Enrile vs. Sandiganbayan (Third Division)
SEC. 4. Bail, a matter of right; exception.—All persons in custody shall be
admitted to bail as a matter of right, with sufficient sureties, or released on
recognizance as prescribed by law or this Rule (a) before or after conviction by the
Metropolitan Trial Court, Municipal Trial Court, Municipal Trial Court in Cities, or
Municipal Circuit Trial Court, and (b) before conviction by the Regional Trial Court of
an offense not punishable by death, reclusion perpetua, or life imprisonment.
SEC. 5. Bail, when discretionary.—Upon conviction by the Regional Trial Court
of an offense not punishable by death, reclusion perpetua, or life imprisonment,
admission to bail is discretionary. The application for bail may be filed and acted upon
by the trial court despite the filing of a notice of appeal, provided it has not transmitted
the original record to the appellate court. However, if the decision of the trial court
convicting the accused changed the nature of the offense from non-bailable to
bailable, the application for bail can only be filed with and resolved by the appellate
court.
Then in Section 7 of Rule 114:
SEC. 7. Capital offense or an offense punishable by reclusion perpetua or life
imprisonment, not bailable.—No person charged with a capital offense, or an offense
punishable by reclusion perpetua or life imprisonment, shall be admitted to bail when
evidence of guilt is strong, regardless of the stage of the criminal prosecution.
(Emphasis supplied)
 
The mandatory bail hearing is only to determine the amount of bail when it is a
matter of right. On the other hand, mandatory bail hearings are held when an accused
is charged with a crime punishable by reclusion perpetua or life imprisonment, not
only to fix the amount of bail but fundamentally to determine whether the evidence of
guilt is strong.
 
Page 14 of 23
 322
322 SUPREME COURT REPORTS ANNOTATED
Enrile vs. Sandiganbayan (Third Division)
The mandatory character of a bail hearing was first addressed in the 1945 case
of Herras Teehankee v. Rovira25 where this court ordered the People’s Court to
conduct a bail hearing despite the accused being charged with a capital
offense.26 This court reasoned that “the hearing is for the purpose of enabling the
People’s Court to exercise its sound discretion as to whether or not under the
Constitution and laws in force[,] petitioner is entitled to provisional release under
bail.”27
A year later, this court clarified its orders to the People’s Court and gave the
following instructions:
(1) In capital cases like the present, when the prosecutor does not oppose the
petition for release on bail, the court should, as a general rule, in the proper exercise
of its discretion, grant the release after the approval of the bail which it should fix for
the purpose;
(2) But if the court has reasons to believe that the special prosecutor’s attitude is
not justified, it may ask him questions to ascertain the strength of the state’s evidence
or to judge the adequacy of the amount of bail;
(3) When, however, the special prosecutor refuses to answer any particular
question on the ground that the answer may involve a disclosure imperiling the
success of the prosecution or jeopardizing the public interest, the court may not
compel him to do so, if and when he exhibits a statement to that effect of the Solicitor
General, who, as head of the Office of Special Prosecutors, is vested with the
direction and control of the prosecution, and may not, even at the trial, be ordered by
the court to present evidence which he does not want to introduce — provided, of
course, that such refusal shall not prejudice the rights of the defendant or detainee.28
_______________
25  75 Phil. 634 (1945) [Per J. Hilado, En Banc].
26  Id., at p. 644.
27  Id.
28  Herras Teehankee v. Director of Prisons, 76 Phil. 756, 774 (1946)
[Per J. Hilado, En Banc].
 
 
323
VOL. 767, AUGUST 18, 2015 323
Enrile vs. Sandiganbayan (Third Division)
The ruling in Herras Teehankee was applied in Ocampo v. Bernabe:29
We have held in Herras Teehankee v. Director of Prisons, that all persons shall
before conviction be bailable except when the charge is a capital offense and the
evidence of guilt is strong. The general rule, therefore, is that all persons, whether
charged or not yet charged, are, before their conviction, entitled to provisional release
on bail, the only exception being where the charge is a capital offense and the
evidence of guilt is found to be strong. At the hearing of the application for bail, the
burden of showing that the case falls within the exception is on the prosecution,
according to Rule 110, Section 7. The determination of whether or not the evidence of
guilt is strong is, as stated in the Herras Teehankee case, a matter of judicial
discretion. This discretion, by the very nature of things, may rightly be exercised only
after the evidence is submitted to the court at the hearing. Since the discretion is
directed to the weight of evidence and since evidence cannot properly be weighed if
not duly exhibited or produced before the court, it is obvious that a proper exercise of
judicial discretion requires that the evidence of guilt be submitted to the court, the
petitioner having the right of cross-examination and to introduce his own evidence in
rebuttal. Mere affidavits or recital of their contents are not sufficient since they are
mere hearsay evidence, unless the petitioner fails to object thereto. 30 (Emphasis
supplied, citations omitted)
 
Herras Teehankee was also applied in Feliciano v. Pasicolan, etc., et
al.31 and Siazon v. Hon. Presiding Judge of the Circuit Criminal Court, etc., et al.32
_______________
29  77 Phil. 55 (1946) [Per CJ. Moran, En Banc].
30  Id., at p. 58.
31  112 Phil. 781, 782-783; 2 SCRA 888, 889 (1961) [Per J. Natividad, En Banc].
32  149 Phil. 241, 247; 42 SCRA 184, 186 (1971) [Per J. Makalintal, En Banc].
 
 
324
324 SUPREME COURT REPORTS ANNOTATED
Enrile vs. Sandiganbayan (Third Division)
We have disciplined numerous judges who violated this court’s instructions on the
application of the constitutional provisions regarding bail.
Basco v. Judge Rapatalo33 outlines these administrative cases promulgated from
1981 to 1996.34 Unfortunately, there were still administrative complaints filed against
judges for failing to hold a hearing for bail even after the promulgation of Basco.
 In Cortes v. Judge Catral,35 this court ordered Judge Catral to pay a fine of
P20,000.00 for granting bail to the ac-
_______________
33  336 Phil. 214; 269 SCRA 220 (1997) [Per J. Romero, Second Division].
34  Id., at pp. 221-227; pp. 227-233, citing People v. Sola, 191 Phil. 21; 103
SCRA 393 (1981) [Per CJ. Fernando, En Banc], People v. San Diego, 135 Phil. 514;
26 SCRA 522 (1968) [Per J. Capistrano, En Banc], People v. Dacudao, 252 Phil. 507;
170 SCRA 489 (1989) [Per J. Gutierrez, Jr., Third Division], People v. Calo, Jr., 264
Phil. 1007; 186 SCRA 620 (1990) [Per J. Bidin, En Banc], Libarios v. Dabalos, A.M.
No. RTJ-89-286, July 11, 1991, 199 SCRA 48 [Per J. Padilla, En Banc], People v.
Nano, G.R. No. 94639, January 13, 1992, 205 SCRA 155 [Per J. Bidin, Third
Division], Pico v. Combong, Jr., A.M. No. RTJ-91-764, November 6, 1992, 215 SCRA
421 [Per Curiam, En Banc], De Guia v. Maglalang, A.M. No. RTJ-89-306, March 1,
1993, 219 SCRA 153 [Per Curiam, En Banc], Borinaga v. Tamin, A.M. No. RTJ-93-
936, September 10, 1993, 226 SCRA 206, 216 [Per J. Regalado, En Banc], Aurillo,
Jr. v. Francisco, A.M. No. RTJ-93-1097, August 12, 1994, 235 SCRA 283
[Per J. Padilla, En Banc], Estoya v. Abraham-Singson, A.M. No. RTJ-91-758,
September 26, 1994, 237 SCRA 1 [Per Curiam, En Banc], Aguirre v. Belmonte, A.M.
No. RTJ-93-1052, October 27, 1994, 237 SCRA 778 [Per J. Regalado, En
Banc], Lardizabal v. Reyes, A.M. No. MTJ-94-897, December 5, 1994, 238 SCRA
640 [Per J. Padilla, En Banc], Guillermo v. Reyes, Jr., 310 Phil. 176; 240 SCRA 154
(1995) [Per J. Regalado, Second Division], Santos v. Ofilada, 315 Phil. 11; 245 SCRA
56 (1995) [Per J. Regalado, En Banc], Sule v. Biteng, 313 Phil. 398; 243 SCRA 524
Page 15 of 23
(1995) [Per J. Davide, Jr., En Banc], and Buzon, Jr. v. Velasco, 323 Phil. 724; 253
SCRA 601 (1996) [Per J. Panganiban, En Banc].
35  344 Phil. 415; 279 SCRA 1 (1997) [Per J. Romero, En Banc].
 
 
325
VOL. 767, AUGUST 18, 2015 325
Enrile vs. Sandiganbayan (Third Division)
cused charged with capital offenses.36 This court could only lament on the deluge of
these administrative cases, stating:
It is indeed surprising, not to say, alarming, that the Court should be besieged
with a number of administrative cases filed against erring judges involving bail. After
all, there is no dearth of jurisprudence on the basic principles involving bail. As a
matter of fact, the Court itself, through its Philippine Judicial Academy, has been
including lectures on the subject in the regular seminars conducted for judges. Be that
as it may, we reiterate the following duties of the trial judge in case an application for
bail is filed:
“1. In all cases, whether bail is a matter of right or of discretion, notify the
prosecutor of the hearing of the application for bail or require him to submit his
recommendation (Section 18, Rule 114 of the Rules of Court as amended);
2. Where bail is a matter of discretion, conduct a hearing of the application for
bail regardless of whether or not the prosecution refuses to present evidence to show
that the guilt of the accused is strong for the purpose of enabling the court to exercise
its sound discretion; (Section 7 and 8, supra)
3. Decide whether the guilt of the accused is strong based on the summary of
evidence of the prosecution;
4. If the guilt of the accused is not strong, discharge the accused upon the
approval of the bailbond (Section 19, supra) Otherwise petition should be denied.”
With such succinct but clear rules now incorporated in the Rules of Court, trial
judges are enjoined to study them well and be guided accordingly. Admittedly, judges
cannot be held to account for an erroneous decision ren-
_______________
36  Id., at pp. 430-431; p. 12.
 
 
326
326 SUPREME COURT REPORTS ANNOTATED
Enrile vs. Sandiganbayan (Third Division)
dered in good faith, but this defense is much too frequently cited even if not
applicable. A number of cases on bail having already been decided, this Court
justifiably expects judges to discharge their duties assiduously. For a judge is called
upon to exhibit more than just a cursory acquaintance with statutes and procedural
rules; it is imperative that he be conversant with basic legal principles. Faith in the
administration of justice can only be engendered if litigants are convinced that the
members of the Bench cannot justly be charged with a deficiency in their grasp of
legal principles.37
 
The guidelines in Cortes fell on deaf ears as administrative cases continued to be
filed against judges who failed to hold hearings in applications for bail.
In Docena-Caspe v. Judge Bugtas,38 the accused was charged with
murder.39 Judge Bugtas initially denied the accused’s petition for bail but granted his
motion for reconsideration and set his bail without a hearing. 40 As a result, Judge
Bugtas was ordered to pay a fine of P20,000.0041 for being “grossly ignorant of the
rules and procedures in granting or denying bail[.]”42
In Marzan-Gelacio v. Judge Flores,43 the erring judge was ordered to pay a fine of
P10,000.00 for granting bail to the accused charged with rape without a hearing.44
_______________
37  Id., citing Basco v. Rapatalo, 336 Phil. 214, 237; 269 SCRA 220, 243-244
(1997) [Per J. Romero, Second Division].
38  448 Phil. 45; 400 SCRA 37 (2003) [Per J. Ynares-Santiago, First Division].
39  Id., at p. 48; p. 41.
40  Id., at pp. 49-50; p. 46.
41  Id., at pp. 56-57; p. 48.
42  Id., at p. 56; p. 47.
43  389 Phil. 372; 334 SCRA 1 (2000) [Per J. Ynares-Santiago, First Division].
44  Id., at pp. 375 and 388; p. 13.
 
 
327
VOL. 767, AUGUST 18, 2015 327
Enrile vs. Sandiganbayan (Third Division)
In Chief State Prosecutor Zuño v. Judge Cabebe,45 Judge Cabebe was fined
P20,000.00 for granting bail, without the requisite hearing, to the accused charged
with possession of illegal drugs.46
A bail hearing is mandatory even if the accused has not filed an application for
bail or the prosecutor already recommends an amount for bail.
In Atty. Gacal v. Judge Infante:47
Even where there is no petition for bail in a case like Criminal Case No. 1138-03,
a hearing should still be held. This hearing is separate and distinct from the initial
hearing to determine the existence of probable cause, in which the trial judge
ascertains whether or not there is sufficient ground to engender a well-founded belief
that a crime has been committed and that the accused is probably guilty of the crime.
The Prosecution must be given a chance to show the strength of its evidence;
otherwise, a violation of due process occurs.
....
Being the trial judge, Judge Infante had to be aware of the precedents laid down
by the Supreme Court regarding the bail hearing being mandatory and indispensable.
He ought to have remembered, then, that it was only through such hearing that he
could be put in a position to determine whether the evidence for the Prosecution was
weak or strong. Hence, his dispensing with the hearing manifested a gross ignorance
of the law and the rules.48
_______________
45  486 Phil. 605; 444 SCRA 382 (2004) [Per J. Sandoval-Gutierrez, Third
Division].
46  Id., at pp. 611 and 618; p. 385.
47  674 Phil. 324; 658 SCRA 535 (2011) [Per J. Bersamin, First Division].
Page 16 of 23
 48  Id., at pp. 340-341; p. 550, citing Directo v.   Bautista, 400 Phil. 1, 5; 346
SCRA 223, 228-229 (2000) [Per J. Melo, Third Division] and Marzan-Gelacio v.
Flores, supra note 43 at p. 381; p. 19.
 
 
328
328 SUPREME COURT REPORTS ANNOTATED
Enrile vs. Sandiganbayan (Third Division)
In the present charge of plunder, petitioner now insists that this court justify that
bail be granted without any hearing before the Sandiganbayan on whether the
evidence of guilt is strong. During the hearing on petitioner’s Motion to Fix Bail, the
prosecution argued that any grant of bail should be based only on their failure to
establish the strength of the evidence against him. 49 The prosecution had no
opportunity to present rebuttal evidence based on the prematurity of the Motion.
Building on consistent precedent, the Sandiganbayan correctly denied petitioner’s
Motion to Fix Bail for being premature. The denial is neither “capricious, whimsical,
arbitrary [nor] despotic”50 as to amount to grave abuse of discretion. It was in accord
with the clear provisions of the Constitution, jurisprudence, and long-standing rules of
procedure.
Thus, this could not have been the basis for declaring that
the Sandiganbayan gravely abused its discretion when it denied petitioner’s Motion to
Fix Bail.
 
III
The Sandiganbayan did not commit grave abuse of discretion when it failed to
release petitioner on bail for medical or
_______________
49  Petition for Certiorari, Annex A, p. 2.
50  People v. Sandiganbayan, 490 Phil. 105, 116; 467 SCRA 137, 165 (2005)
[Per J. Chico-Nazario, Second Division], citing People v. Court of Appeals, G.R. No.
144332, June 10, 2004, 431 SCRA 610, 616 [Per J. Callejo, Sr., Second
Division], Rodson Philippines, Inc. v. Court of Appeals, G.R. No. 141857, June 9,
2004, 431 SCRA 469, 480 [Per J. Callejo, Sr., Second Division], Matugas v.
Commission on Elections, 465 Phil. 299, 313; 420 SCRA 365, 378 (2004)
[Per J. Tinga, En Banc], Tomas Claudio Memorial College, Inc. v. Court of Appeals,
467 Phil. 541, 553; 423 SCRA 122, 133 (2004) [Per J. Callejo, Sr., Second Division],
and Condo Suite Club Travel, Inc. v. National Labor Relations Commission, 380 Phil.
660, 667; 323 SCRA 679, 686 (2000) [Per J. Quisumbing, Second Division].
 
 
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Enrile vs. Sandiganbayan (Third Division)
humanitarian reasons. Petitioner did not ask that bail be granted because of his
medical condition or for humanitarian reasons. Neither petitioner nor the prosecution
as respondent developed their arguments on this point at the Sandiganbayan or in
this court to establish the legal and factual basis for this special kind of bail in this
case.
Yet, it now becomes the very basis for petitioner’s grant of bail.
In his Petition before this court, petitioner argued that:
A. Before judgment of the Sandiganbayan, Enrile is bailable as a matter of right.
Enrile may be deemed to fall within the exception only upon concurrence of two
(2) circumstances: (i) where the offense is punishable by reclusion perpetua, and
(ii) when evidence of guilt is strong.
 It is the duty and burden of the prosecution to show clearly and conclusively
that Enrile falls within the exception and exclusion from the right; and not the
burden of Enrile to show entitlement to his right.
 The prosecution failed to establish that Enrile’s case falls within the
exception; hence, denial of his right to bail by the Sandiganbayan was in
grave abuse of discretion.
B. The prosecution failed to show clearly and conclusively that Enrile, if ever he would
be convicted, is punishable by reclusion perpetua; hence, Enrile is entitled to bail
as a matter of right.
 The Sandiganbayan ignored the fact that the penalty prescribed by the Anti-
Plunder Law itself for the crime of plunder is not only reclusion perpetua but
also the penalty next lower in degree (or reclusion temporal) by “consider(ing)
the attendance of mitigating and extenuating circumstances, as provided by
the Revised Penal Code.”
 
 
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330 SUPREME COURT REPORTS ANNOTATED
Enrile vs. Sandiganbayan (Third Division)
 Further proceedings to receive evidence of mitigating circumstances is a
needless formality.
C. The prosecution failed to show clearly and conclusively that evidence of Enrile’s
guilt (if ever) is strong; hence, Enrile is entitled to bail as a matter of right.
 Notwithstanding that the prosecution did not assert, hence failed to raise in
issue, in its Opposition to Enrile’s motion for bail, that evidence of guilt is
strong, in the light of the prosecution’s continuing muteness to the defense’s
repeated challenge for the prosecution to produce any “single piece of paper
showing that Enrile received even a single peso of kickback,”
the Sandiganbayan nonetheless insisted that Enrile must first initiate, and
formally apply for, the formal proceedings (“bail hearing”) before the
prosecution may be called upon to discharge its duty of proving evidence of
guilt is strong.
D. At any rate, Enrile may be bailable as he is not a flight risk.
 The exception to, or exclusion from, the right (“shall be bailable”) does not
become a prohibition (“shall not be bailable”). Indeed, the exception to a
mandatory right (“shall”) is a permissive right (“may”).
 A liberal interpretation is consistent with the rights to presumptive innocence
and non-deprivation of liberty without due process, and the theory behind the
exception to right-to-bail.
 Hence, if the theory is clearly shown not to exist as to Enrile (i.e., Enrile is
demonstrated not being a flight risk), then bail may be granted to him.
 
Page 17 of 23
  
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Enrile vs. Sandiganbayan (Third Division)
 Enrile is definitely not a flight risk, being of old age, frail physical and medical
condition, and having voluntarily surrendered.
 Circumstances of official and social standing shows that Enrile is not a flight
risk.
 Other circumstances negating Enrile’s disposition to become a fugitive from
justice are also present.
 The following illustrative cases decided by the Supreme Court show that at
this stage of the proceeding, Enrile is entitled to bail a matter of right.51
The prayer in his Petition reads:
 
WHEREFORE, petitioner Enrile respectfully prays that the Honorable Court:
a. ACT En Banc on the Petition for Certiorari;
b. EXPEDITE the certiorari proceedings;
c. SET the Petition for Certiorari for oral arguments; and
d. after due proceedings, ANNUL, REVERSE, and SET ASIDE
the Sandiganbayan’s Resolution dated July 14, 2014, and the
Resolution dated August 8, 2014, and forthwith GRANT BAIL in favor
of Enrile.
Petitioner Enrile prays for such other and further relief as may be just and
equitable.52
 
IV
 
This case entailed long, arduous, and spirited discussion among the justices of
this court in and out of formal deliberations. As provided by our rules and tradition, the
discussion
_______________
51  Petition for Certiorari, pp. 9-12.
52  Id., at p. 64.
 
 
332
332 SUPREME COURT REPORTS ANNOTATED
Enrile vs. Sandiganbayan (Third Division)
was triggered by the submission of the member in charge of a draft early this year.
The draft mainly adopted the legal arguments of the Petition which was centered on
this court taking judicial notice of evidence to establish two generic mitigating
circumstances that would lower the penalty to be imposed even before trial or a
hearing for the determination of whether the evidence of guilt is strong happened
before the Sandiganbayan. Associate Justice Estela Perlas-Bernabe and this
member submitted their reflections on this issue. Refutations and arguments were
vigorously exchanged in writing.
Associate Justice Estela Perlas-Bernabe and this member adopted the common
position that there was no grave abuse of discretion and, therefore, the Petition
should be dismissed. At most, the Motion to Fix Bail could be treated by
the Sandiganbayan as a petition or application for bail as in all cases where the
statutorily imposable penalty is reclusion perpetua, death, or life imprisonment.
Associate Justice Estela Perlas-Bernabe and this member differed only in the
treatment of mitigating circumstances and the interpretation of Bravo, Jr., etc. v. Hon.
Borja, et al.53
When this case was called again for deliberation during the En Banc session on
August 11, 2015, the member-in-charge (now the ponente) proposed the idea of
dropping all discussion on the legal points pertaining to whether bail was a matter of
right and focusing the grant of bail on “humanitarian” grounds. The member-in-charge
committed to circulate a draft for the consideration of all justices. This member
expressed that he was open to listen to all arguments.
The revised draft that centered on granting bail on the basis of the medical
condition of petitioner was circulated on August 14, 2015. After considered reflection,
this member responded with a letter addressed to all the justices, which stated:
_______________
53  219 Phil. 432; 134 SCRA 466 (1985) [Per J. Plana, First Division].
 
 
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Enrile vs. Sandiganbayan (Third Division)
In my view, there are several new issues occasioned by the revisions in the
proposed ponencia that need to be threshed out thoroughly so that
the Sandiganbayan can be guided if and when an accused charged with offenses
punishable with reclusion perpetua should be released on bail “for humanitarian
reasons.”
Among these are as follows:
First: Did the Sandiganbayan commit grave abuse of discretion amounting to lack
of jurisdiction when it applied the text of the Constitution, the rules of court, and the
present canonical interpretations of these legal texts?
Second: Are we taking judicial notice of the truth of the contents of the
certification of a certain Dr. Gonzalez? Or are we suspending our rules on evidence,
that is, doing away with cross-examination and not appreciating rebutting evidence
that may be or have been presented by the prosecution?
Third: Did the Sandiganbayan commit grave abuse of discretion in appreciating
the facts relating to the medical condition of the accused? Or are we substituting our
judgment for theirs?
Fourth: What happens to the standing order of the Sandiganbayan which
authorizes the accused to be brought to any hospital immediately if he exhibits
symptoms which cannot be treated by the PNP hospital subject only to reportorial
requirements to the court? Are we also declaring that the Sandiganbayan’s decisions
in relation to their supervision of the detention of the accused were tainted with grave
abuse of discretion?
Fifth: What, if any, is the legal basis for humanitarian releases on bail? Or if we
are able to hurdle the factual issues and find that there is actually a medical
necessity, should his detention rather be modified? Do we have clear judicial
precedents for hospital or house arrests for everyone?
Page 18 of 23
 Sixth: Without conceding, if the accused is released on bail so that his medical
condition can be attended to,
 
 
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334 SUPREME COURT REPORTS ANNOTATED
Enrile vs. Sandiganbayan (Third Division)
should he be returned to detention when he becomes well? If he reports for work,
does this not nullify the very basis of the ponencia?
Seventh: What is the basis for P500,000.00 as bail? We have established rules
on what to consider when setting the amount of bail. In relation to the accused and
his circumstances, what is our basis for setting this amount? What evidence have we
considered? Should this Court rather than the Sandiganbayan exercise this
discretion?
Eighth: What are our specific bases for saying that the medical condition of the
accused entitles him to treatment different from all those who are now under
detention and undergoing trial for plunder? Is it simply his advanced age? What
qualifies for advanced age? Is it the medical conditions that come with advanced
age? Would this apply to all those who have similar conditions and are also
undergoing trial for plunder? Is he suffering from a unique debilitating disease which
cannot be accommodated by the best care provided by our detention facilities or
hospital or house arrest? Are there sufficient evidence and rules to support our
conclusion?
Ninth: Are there more specific and binding international law provisions, other than
the Universal Declaration of Human Rights, which specifically compel the release of
an accused in his condition? Or are we now reading the general tenor of the
declaration of human rights to apply specifically to the condition of this accused?
What entitles the accused in this case to a liberal application of very general
statements on human rights?54
The points in my letter were raised during the deliberations of August 18, 2015.
The member-in-charge, however, did not agree to wait for a more extensive written
reflection on the points raised. Insisting on a vote, he thus declared that he was
abandoning the August 14, 2015 circulated draft centering on release on bail on
humanitarian \
_______________
54  J. Leonen, Letter to Colleagues dated August 18, 2015.
 
 
335
VOL. 767, AUGUST 18, 2015 335
Enrile vs. Sandiganbayan (Third Division)
grounds for his earlier version premised on the idea that bail was a matter of
right based on judicial notice  and the judicial declaration of the existence of
two mitigating circumstances.
This was the version voted upon at about 11:00 a.m. of August 18, 2015. The
only amendment to the majority opinion accepted by the member-in-charge was the
increase of the proposed amount of bail to P1,000,000.00.
The vote was 8 to 4 with Associate Justice Lucas P. Bersamin, who was the
member-in-charge, emerging as the ponente. Chief Justice Maria Lourdes P. A.
Sereno, Senior Associate Justice Antonio T. Carpio, Associate Justice Estela Perlas-
Bernabe, and this member dissented.
During the oral arguments on the Torre de Manila case or at about 3:00 p.m., the
ponente passed around a final copy of the majority opinion which was not the
version voted upon during the morning’s deliberation. Rather, the copy offered
for signature was substantially the August 14, 2015 circulated version granting bail on
humanitarian grounds.
The current ponencia now does away with petitioner’s entire argument, stating
that:
Yet, we do not now determine the question of whether or not Enrile’s averment on
the presence of the two mitigating circumstances could entitle him to bail despite the
crime alleged against him being punishable with reclusion perpetua, simply because
the determination, being primarily factual in context, is ideally to be made by the trial
court.55 (Citation omitted)
Ordinarily, the drafts of the dissents would have been available to all members of
the court at the time that the case was voted upon. But because the final version for
signing was
_______________
55  Ponencia, p. 305.
 
 
336
336 SUPREME COURT REPORTS ANNOTATED
Enrile vs. Sandiganbayan (Third Division)
not the version voted upon, this member had to substantially revise his dissent. Since
the issue of mitigating circumstances and bail as a matter of right was no longer the
basis of the ponencia, Associate Justice Estela Perlas-Bernabe decided to graciously
offer her points for the drafting of a single Dissenting Opinion and to abandon her
filing of a Separate Opinion and joining this member.
The Internal Rules of the Supreme Court allows one week for the submission of a
dissenting opinion. Thus, in Rule 13, Section 7 of A.M. No. 10-4-20-SC:
SEC. 7. Dissenting, separate or concurring opinion.—A Member who disagrees
with the majority opinion, its conclusions, and the disposition of the case may submit
to the Chief Justice or Division Chairperson a dissenting opinion, setting forth the
reason or reasons for such dissent. A Member who agrees with the result of the case,
but based on different reason or reasons may submit a separate opinion; a
concurrence “in the result” should state the reason for the qualified concurrence. A
Member who agrees with the main opinion, but opts to express other reasons for
concurrence may submit a concurring opinion. The dissenting, separate, or
concurring opinion must be submitted within one week from the date the writer of the
majority opinion presents the decision for the signature of the Members. (Emphasis
supplied)
 
But this member endeavored to complete his draft incorporating the ideas and
suggestions of other dissenting justices within two days from the circulation of the
majority opinion.
In the meantime, media, through various means, got wind of the vote and started
to speculate on the contents of the majority opinion. This may have created
expectations on the part of petitioner’s friends, family, and counsel. The Presiding
Page 19 of 23
Justice of the Sandiganbayan, while admitting that the Decision had as yet not been
promulgated and served, made announcements as to their readiness to receive the
cash bond and process the release of the accused even if August 19, 2015
 
337
VOL. 767, AUGUST 18, 2015 337
Enrile vs. Sandiganbayan (Third Division)
happened to be a holiday in Quezon City, which was the seat of their court.
This is the context of the apparent delay in the announcements regarding the vote
and the date of promulgation of this judgment.
 
V petitioner in this Court. Due process requires that we remand this matter for a bail
 
Despite brushing aside all of petitioner’s arguments, the majority, instead of
denying the Petition for Certiorari, grants it on some other ground that was not even
argued nor prayed for by petitioner.
In essence, the majority now insists on granting bail merely on the basis of the
certification in a Manifestation and Compliance dated August 14, 2014 by Dr. Jose C.
Gonzales (Dr. Gonzales) stating that petitioner is suffering from numerous debilitating
conditions.56 This certification was submitted as an annex to a Manifestation 57 before
this court regarding the remoteness of the possibility of flight of the accused not for
the purposes of asking for bail due to such ailments.
Nowhere in the rules of procedure do we allow the grant of bail based on judicial
notice of a doctor’s certification. In doing so, we effectively suspend our rules on
evidence by doing away with cross-examination and authentication of Dr. Gonzales’
findings on petitioner’s health in a hearing whose main purpose is to determine
whether no kind of alternative detention is possible.
_______________
56  The enumeration of diseases on pages 307-308 of the ponencia is based on
the certification of Dr. Gonzales. There was a hearing but for the purpose of
determining whether hospital arrest can continue. The hearing was not for the
purpose of determining whether bail should be granted on the basis of his medical
condition.
57  Rollo,  p. 373.
 
338
338 SUPREME COURT REPORTS ANNOTATED
Enrile vs. Sandiganbayan (Third Division)
Under Section 2 of Rule 129 of the Revised Rules on Evidence:
SEC. 2. Judicial notice, when discretionary.—A court may take judicial notice of
matters which are of public knowledge, or are capable of unquestionable
demonstration, or ought to be known to judges because of their judicial functions.
 
In State Prosecutors v. Muro:58
Generally speaking, matters of judicial notice have three material requisites: (1)
the matter must be one of common and general knowledge; (2) it must be well and
authoritatively settled and not doubtful or uncertain; and (3) it must be known to be
within the limits of the jurisdiction of the court. The principal guide in determining what
facts may be assumed to be judicially known is that of notoriety. Hence, it can be said
that judicial notice is limited to facts evidenced by public records and facts of general
notoriety.59
Petitioner’s medical ailments are not matters that are of public knowledge or are
capable of unquestionable demonstration. His illness is not a matter of general
notoriety.
Assuming that the medical ailments of petitioner are relevant issues for bail, the
prosecution is now deprived of a fair opportunity to present any evidence that may
rebut the findings of Dr. Gonzales or any other medical documents presented by
hearing to verify Dr. Gonzales’ findings and to ensure that that is still the condition
that prevails at present.
_______________
58  A.M. No. RTJ-92-876, September 19, 1994, 236 SCRA 505 [Per Curiam, En
Banc].
59  Id., at pp. 521-522, citing 20 Am. Jur., Evidence, Sec. 17, 48, King v. Gallun,
109 U.S. 99, 27 L. ed. 870, and 31 C.J.S., Evidence, Secs. 6-7, 823.
 
 
339
VOL. 767, AUGUST 18, 2015 339
Enrile vs. Sandiganbayan (Third Division)
That we make factual determinations ourselves to grant provisional liberty to one
who is obviously politically privileged without the benefit of the presentation of
evidence by both the prosecution and the accused, without the prosecution being
granted the opportunity to cross-examine the evidence, and without consideration of
any rebutting evidence that may have been presented should a hearing be held, casts
serious doubt on our neutrality and objectivity.
The better part of prudence is that we follow strictly our well-entrenched, long-
standing, and canonical procedures for bail. Doctrinally, the matter to determine is
whether the evidence of guilt is strong. This is to be examined when a hearing is
granted as a mandatory manner after a petition for bail is filed by the accused. The
medical condition of the accused, if any, should be pleaded and heard.
VI
 
Assuming without conceding that petitioner suffers from illnesses that require
immediate medical attention, this court has not established clear guidelines for such
releases. The closest that the majority opinion reaches for a standard is:
Bail for the provisional liberty of the accused, regardless of the crime charged,
should be allowed independently of the merits of the charge, provided his continued
incarceration is clearly shown to be injurious to his health or to endanger his life.
Indeed, denying him bail despite imperiling his health and life would not serve the true
objective of preventive incarceration during trial.60 (Emphasis in the original)
 
To see the logical fallacy of the argument we break it down to its premises:
Page 20 of 23
_______________
60  Ponencia, p. 310.
 
 
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340 SUPREME COURT REPORTS ANNOTATED
Enrile vs. Sandiganbayan (Third Division)
Premise: There are those whose continued incarceration is clearly shown to be
injurious to their health OR whose lives are endangered due to incarceration.
Premise: Petitioner is suffering from some ailments.
Therefore: Petitioner should be released.
There are various ways to see the fallacy of the argument.
It is true that it is the duty of courts to ensure that detention prisoners are
humanely treated. Under A.M. No. 07-3-02-SC,61 judges of lower courts are
mandated to conduct monthly jail visitations in order to “[e]nsure the promotion and
protection of the dignity and well-being”62 of detention prisoners. Detention prisoners
may also be released to a medical facility on humanitarian grounds “if their
continuous confinement during the pendency of their case would be injurious to their
health or endanger their life.”63
In many instances, alternative detention — whether temporary or permanent — is
granted upon a clear showing before the trial court or the Sandiganbayan that the
physical condition of the accused, as proven through evidence presented in open
court, is absolutely requiring medical attention that could not be accommodated within
the current custodial arrangements. Care should, however, be taken that such
alternative custodial arrangements do not take place more than the time necessary to
address the medical condition of the accused. Likewise, the Sandiganbayan should
ensure that alternative custodial arrangements are not borne by the state and,
therefore, should be sensitive to the possibility that these alternatives are not seen as
a privilege given to the wealthy or powerful detainees.
_______________
61  Re: Guidelines on the Jail Visitation and Inspection. New guidelines are stated
in OCA Circular No. 107-2013.
62  A.M. No. 07-3-02-SC (2008), Sec. 1(3)
63  De la Rama v. People’s Court, 77 Phil. 461, 465 (1946) [Per J. Feria, En
Banc].
 
341
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Enrile vs. Sandiganbayan (Third Division)
On July 9, 201464 and July 15, 2014,65 the Sandiganbayan already issued
Resolutions allowing accused to remain at the Philippine National Police General
Hospital and continue medical examinations until further orders from the court,
subject to reportorial requirements and at accused’s personal expense. In particular,
the Resolution dated July 9, 2014 states:
Pending receipt of [Dr. Jose C. Gonzales’s report], the Court will hold in abeyance
action on accused Enrile’s motion for detention at the PNP General Hospital.
However, he is allowed to remain thereat until further orders from this Court. The
Director or Administrator of PNP General Hospital is GRANTED AUTHORITY to
allow accused Enrile to access another medical facility outside Camp Crame only (1)
in case of emergency or necessity, and (2) the medical procedure required to be
administered on accused Enrile is not available at, or cannot be provided for by the
physicians of, the PNP General Hospital, ALL AT THE PERSONAL EXPENSE OF
ACCUSED ENRILE. After completion of the medical treatment or procedure outside
Camp Crame, accused Enrile shall be returned forthwith to the PNP General
Hospital. The said director or administrator is DIRECTED to submit a report to
the Court on such visit/s of accused Enrile to another medical facility on the
day following the said visit/s.66 (Emphasis in the original)
 
The Resolution dated July 15, 2014 states:
WHEREFORE, premises considered, Dr. Jose C. Gonzales, and/or any his duly
authorized representative/s from the Philippine General Hospital, is DIRECTED to
continue with the medical examination of accused Juan Ponce Enrile and to submit a
report and recommendation
_______________
64  Petition for Certiorari, Annex O.
65  Petition for Certiorari, Annex P.
66  Petition for Certiorari, Annex O, p. 5.
 
 
342
342 SUPREME COURT REPORTS ANNOTATED
Enrile vs. Sandiganbayan (Third Division)
to the Court within thirty (30) days from receipt hereof. The necessary medical
examination/s and/or procedure/s as determined the said doctor/s shall be
undertaken at PGH or any government hospital, which the medical team may deem to
have the appropriate, suitable and/or modern equipment or medical apparatus and
competent personnel to undertake the procedure/s, ALL AT THE PERSONAL
EXPENSE OF ACCUSED JUAN PONCE ENRILE. Pending the completion of the
aforesaid medical examination/s and/or procedure/s and submission of the required
report and recommendation, accused Juan Ponce Enrile is allowed to remain at the
Philippine National Police General Hospital subject to conditions earlier imposed by
the Court in its Resolution dated July 9, 2014.
SO ORDERED.67
These are standing orders of the Sandiganbayan that authorize accused to be
brought to any hospital immediately if he exhibits symptoms that cannot be treated at
the Philippine National Police General Hospital subject only to reportorial
requirements to the court. In granting bail to petitioner, we are, in effect, declaring that
the Sandiganbayan’s decisions in relation to its supervision of the accused’s
detention were tainted with grave abuse of discretion.
However, these orders were not the subject of this Petition for Certiorari.
To the Sandiganbayan, based upon the facts as presented to it, accused does not
seem to be suffering from a unique debilitating disease whose treatment cannot be
provided for by our detention facilities and temporary hospital arrest in accordance
with their order. How the majority arrived at a conclusion different from the
Sandiganbayan has not been thoroughly explained. Neither did this issue
Page 21 of 23
become the subject of intense discussion by the parties through their
pleadings.
_______________
67  Petition for Certiorari, Annex P, pp. 2-3.
 
 
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Enrile vs. Sandiganbayan (Third Division)
It is unclear whether this privilege would apply to all those who have similar
conditions and are also undergoing trial for plunder. It is unclear whether petitioner’s
incarceration aggravates his medical conditions or if his medical conditions are simply
conditions which come with advanced age.
The majority has not set specific bases for finding that the medical condition of
petitioner entitles him to treatment different from all those who are now under
detention and undergoing trial for plunder. There is no showing as to how grave his
conditions are in relation to the facilities that are made available to him. There is also
no showing as to whether any of his medical ailments is actually aggravating in spite
of the best care available. If his health is deteriorating, there is no showing that it is
his detention that is the most significant factor or cause for such deterioration.
Usually, when there is a medical emergency that would make detention in the
hospital necessary, courts do not grant bail. They merely modify the conditions for the
accused’s detention. There is now no clarity as to when special bail based on medical
conditions and modified arrest should be imposed.
Finally, there is no guidance as to whether this special bail based on medical
condition is applicable only to those of advanced age and whether that advanced age
is beyond 90 or 91 years old. There is no guidance as to whether this is applicable
only to cases involving plunder. There is no guidance in the majority’s opinion as to
whether this is only applicable to the medical conditions or stature or titles of
petitioner.
The majority has perilously set an unstated if not ambiguous standard for the
special grant of bail on the ground of medical conditions.
Bail is not a matter of right merely for medical reasons. In People v. Fitzgerald:68
_______________
68  536 Phil. 413; 505 SCRA 573 (2006) [Per J. Austria-Martinez, First Division].
 
 
344
344 SUPREME COURT REPORTS ANNOTATED
Enrile vs. Sandiganbayan (Third Division)
Bail is not a sick pass for an ailing or aged detainee or prisoner needing medical
care outside the prison facility. A mere claim of illness is not a ground for bail. It may
be that the trend now is for courts to permit bail for prisoners who are seriously sick.
There may also be an existing proposition for the “selective decarceration of older
prisoners” based on findings that recidivism rates decrease as age increases.69
 
VII
 
Neither is there clarity in the majority opinion as to the conditions for this special
kind of bail. Thus, the majority asserts:
It is relevant to observe that granting provisional liberty to Enrile will then enable
him to have his medical condition be properly addressed and better attended to by
competent physicians in the hospitals of his choice. This will not only aid in his
adequate preparation of his defense but, more importantly, will guarantee his
appearance in court for the trial.70
 
Before the ink used to write and print the majority opinion and this dissent has
dried, friends, family, and colleagues of petitioner already strongly predict that he
would report immediately for work. This strongly indicates that the majority’s
_______________
69  Id., at p. 428; pp. 585-586, citing Release of Accused by Judge Muro in Non-
Bailable Offense, 419 Phil. 567, 581; 367 SCRA 285, 299 (2001) [Per Curiam, En
Banc], People v.   Gako, Jr., 401 Phil. 514, 541; 348 SCRA 334, 352 (2000)
[Per J. Gonzaga-Reyes, Third Division], Pineda, Ernesto, The Revised Rules on
Criminal Procedure, p. 193 (2003), which in turn cited De la Rama v. People’s
Court, supra note 63, Archer’s case, 6 Gratt 705, Ex parte Smith, 2 Okla. Crim. Rep.
24, 99 Pfc. 893, and Max Rothman, Burton Dunlop, and Pamela Entzel, Elders,
Crime and The Criminal Justice System, pp. 233-234 (2000).
70  Ponencia, p. 311.
 
 
345
VOL. 767, AUGUST 18, 2015 345
Enrile vs. Sandiganbayan (Third Division)
inference as to the existence of very serious debilitating illnesses may have been too
speculative or premature.
Significantly, there is no guidance to the Sandiganbayan as to whether bail then
can be cancelled motu propio or upon motion. There is no guidance as to whether
that motion to cancel bail should be filed before the Sandiganbayan or before this
court.
The crime charged in petitioner’s case is one where the imposable penalty
is reclusion perpetua. The Constitution and our rules require that bail can only be
granted after granting the prosecution the opportunity to prove that evidence of guilt is
strong. The special grant of bail, due to medical conditions, is unique, extraordinary,
and exceptional. To allow petitioner to go about his other duties would be to blatantly
flaunt a violation of the provisions of the Constitution and our rules.
In other words, there is no rule on whether the grant of provisional liberty on the
basis of humanitarian considerations extends even after the medical emergency has
passed. Again, a case of a decision especially tailored for petitioner.
 
VIII
 
There is no evidentiary basis for the determination of P1,000,000.00 as the
amount for bail. The original proposal of the member in charge was P100,000.00.
This was increased to P500,000.00 in its revised proposal circulated on August 14,
2015. Then, upon the request of one member who voted with the majority, it was then
increased to P1,000,000.00.
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 The rules guide courts on what to consider when setting the amount of bail. 71 The
majority opinion is sparse on the evidence it
_______________
71  See Rev. Rules of Crim. Proc., Rule 114, Sec. 9, which states:
SEC. 9. Amount of bail; guidelines.—The judge who issued the warrant or
granted the application shall fix a reasonable
 
 
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346 SUPREME COURT REPORTS ANNOTATED
Enrile vs. Sandiganbayan (Third Division)
considers for setting this particular amount. Again, the more prudent course of action
would have been for the Sandiganbayan, not this court, to exercise its discretion in
setting the amount of bail.
IX
 
There are no specific and binding international law provisions that compel this
court to release petitioner given his medical condition. The Universal Declaration of
Human Rights, relied upon in the majority opinion, is a general declaration72 to uphold
the value and dignity of every person.73 It does not prohibit the arrest of any accused
based on lawful causes nor does it prohibit the detention of any person accused of
crimes. It only implies that any arrest or detention must be carried out in a dignified
and humane manner.
_______________
amount of bail considering primarily, but not limited to, the following factors:
(a) Financial ability of the accused to give bail;
(b) Nature and circumstances of the offense;
(c) Penalty for the offense charged;
(d) Character and reputation of the accused;
(e) Age and health of the accused;
(f) Weight of the evidence against the accused;
(g) Probability of the accused appearing at the trial;
(h) Forfeiture of other bail;
(i) The fact that the accused was a fugitive from justice when arrested; and
(j) Pendency of other cases where the accused is on bail.
Excessive bail shall not be required.
72  In Republic v. Sandiganbayan, 454 Phil. 504, 545; 407 SCRA 10, 57 (2003)
[Per J. Carpio, En Banc], this court stated: “Although the signatories to the
Declaration did not intend it as a legally binding document, being only a declaration,
the Court has interpreted the Declaration as part of the generally accepted principles
of international law and binding on the State.”
73  Universal Declaration of Human Rights, Art. 1 states that “[a]ll human beings
are born free and equal in dignity and rights.”
 
 
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